


pv- 




^^'^^ 







& .'ii^^.^. 























1^& 











• ^ ^ ♦■'* 





^o. *:^T** o'^ 



MANIFEST 



OP THE 



CHARGES PREFERRED 



TO THE 



NAVY DEPARTMENT 

AND SUBSECIUENTLY TO CONGRESS, 



AGAINST 



JESSE DUNCAN ELLIOTT, Es^., 

%fl Captain in the Navy of the United States, for unlaw- 
ful conduct while Commodore of the late 
Mediterranean Squadron; 



AND 



A REFUTATION 



OF THE 



RECRIMINATION RAISED BY THAT OFFICER. 

BY CHARLES CRILLON BARTON, 

OF THE UNITED STATES NAVY. 



1839. 



E353 
.1 
E'48Z. 



ERRATA AND OMISSIONS. 

Page 13, after the word trial!!! at the end of the 15th line, from the top, insert 
and read, "a convincing proof that he knew a court to be unrequi- 
site." 

„ 14, after the word "allegation," toward the end of the 3d line, from lop, 
insert and read, "prove of any avail." 

„ 15, fo;- "care," first word of 2nd line, from bottom, read "cure." 



TO THE PUBLIC 



For a trespass on your attention, I trust a sufficient apology will be found 
in the documents of this publication. Yet a few explanatory remarks may 
be respectful and proper. More than three years ago, I had suffered from 
the unlawful conduct of an officer of high grade in the navy, while serving 
in his squadron. I had, however, full confidence in the justness and ade- 
quacy of the laws for the government of the Navy, for my redress. These 
pointed out a lawful mode by which to seek redress; and I certainly hoped 
to have obtained it by adopting that mode. Hence 1 determined, in my own 
mind, at the very juncture when I was made to feel cruelty to the heart's core, 
that if I lived, 1 would, when I should have returned, prefer charges. I have 
been guilty of no haste, no importunity, no attempt at uniting any extraneous 
influence to bring it about, resting simply on the intrinsic justness of the 
cause. I was in a kind of abeyance for justice, contingent to a vague per- 
ception of some opposing obstacle to the realization of my lawful expecta- 
tion of redress. Yet I thought that whatever held me in this abeyance, 
would, in reasonable time be removed. Having awaited in this state of ex- 
pectation patiently for eighteen months, until the published report of the 
vicinal approach of the Mediterranean squadron; I then, within a few weeks 
of its expected arrival, officially charged the officer with his misdeeds, virtu- 
ally asking his arrest and trial. This inceptive step toward redress having 
been made, lawfully and discreetly, it was not impugned as being either 
unlawful or indiscreetly exhibited, but my complaint was respectfully ac- 
knowledged, and I was informed in that acknowledgment, that it had been 
put on file. Soon thereafter a developement of further unjust conduct, ema- 
nating from the same officer, induced me to reiterate my charges to the suc- 
cessor of the retired authority first appealed to, with the additional complaint 
this recent developement gave me reason to prefer. This new appeal was 
also respectfully received, and the additional charge had also been placed on 
file. Still cherishing confidence that my lawful complaint, urged in a man- 
ner at which no exception had been taken, would, as soon as more important 
business left leisure to attend to mine, receive due attention, I again awaited 
patiently the result. Propriety and respectcaused this course — nordid a sinorle 
act of importunity, verbally or in writing, emanate from me to abstract from 
the integrity of the course named, or lessen its claim to strict fairness. Nearly 
two years previous to the presentation of my charges, a dispassionate commu- 
nication, fraught with similar tenor as that which mine exhibited, had been 
addressed, also to the proper authority, by one who had the right in my absence 
to make an inceptive charge. This, too, was respectfully acknowledged and 
filed, and information conveyed in that acknowledgment, that the wishes ex- 
pressed in it on a point that admitted of speedy action, had been virtually anti- 
cipated. From that source, neither, did there emanate any further urgency, 
much less importunity. The whole course of that part of the government 
which had control of these matters, was characterized, after my return to this 
country, by so much manifest consideration and official sympathy for my situ- 
ation, past and then present, that any other course than silence was held by me 
as improper and unofficer-like, and as savouring of a want of confidence with- 
out having any reason to give for it. Delay still continued. Though inaction 



IV 



on my charges surprised me, it did not call forth any further request from me 
or any one interested in me, until the assertion reached a public press that 
that press had reason to know-that the officer in question would not be 
brought to trial h^till I doubted this,until repeated declarations, afterwards 
made public, evidently emanating from the olficer himself, reached me, that the 
annunciation ot the press was not premature. This publication directed me to 
the only other appeal l.fi-that to congress. I applied to the Honourable 
L^harles JNaylor, our able and eminent representative. The issue of that 
appeal revealed that I had, during all this time, been secretly accused of offi- 
cial misdemeanors, if not crimes; to which were added allegations of per- 
sonal demeanor high y injurious, as misrepresented, to my standing in the 
estimation ot the head of that Department to which I belonged. In I word, 
Irom being the accuser, I was detruded by those accusations and allegations 
and misrepresentations into the character of the accused.- my own charaes 
Having in consequence been set aside! All this too had become a matter^of 
record in the printed and published annals of the nation-the proceedings of 
congress In these, my character as there depicted, was to be transmitted 
injuriously to a future tune, which might be coeval with my rise in the Navy 
to the rank of the officer I had accused, but in whom the mutation into 
my accuser had now occurred. There was no alternative but to submit 
to this injustice, or meet the accusations, as an honourable officer when ac- 
cused w'lll ever meet them, openly, fully, fearlessly, and by proofs substan- 
tiating his innocence. To do tbis simply with the head of the Department, 
would not satisfy any officer holding, and claiming to deserve, an honoura- 
ble standing in the Navy. True, such course, if satisfactory in itself, would 
have exonerated me with the director of the Navy, and of course would have 
.V"'7i" ''^'''' unsullied in the service,-and had the affair been confined 
o that department and the navy, no further attempt at vindication would 
have been conceived or adopted. But I have been held up to the nation, or as 
large a portion of it as might choose to read the proceedings of concrress, as 
one attainted— and therefore a publicity has been given to my refutatmn, com- 
mensurate with the charges so unjustly preferred and so secretly. No further 
apology will be required, by the public, than this exposition, for intruding 
on Its notice, this Brochure. As an aspersed officer in the service of a fa- 
vourite arm of our national protection, I respectfully ask of that public, a pa- 
tient perusal of this publication, and am entirely willino- to abide its decision 
on my character. I ask the public whether tyranny is approved by it— 
whether it is not a word which speaks volumes of evils and mischief to a 
free people— and whether the unalienable rights it violates, are not as dear to 
a naval officer as to any other citizen] And whether it is not a singular re- 
sult, that one who only strove in a lawful manner to preserve to himself those 
imprescriptive rights so dear to us, by seeking redress for the undue exer- 
cise of power— has been forced to rest with odium on him, thus tacitly ac- 
quiescing in Its justness, or appear before it with a full expose and excul- 
pation. 

I seize this occasion as a fit one, and the only public opportunity I may 
ever have, to express my grateful thanks for the extreme kindness, attention 
and essential services I received from Captain Tompkinson, commander of 
[then] his Britannic Majesty's corvette Tribune, to Surgeons Oliver Evans 
and Patrick Martyn of the Eritish Navy, to Captain Ford of the Austrian 
Navy, and to the other British and foreign officers in Smyrna, and, though 
last, not the least deserving of thanks, my disinterested, generous-hearted 
and skilful attending surgeon. Dr. Marpnrgo, now of Paris. 

I am the Public's very respectful and obedient humble servant, 

„,., ^ , , CHARLES CRILLON BARTON. 

Philadelphia^ March 16, 1839. 



Philadelphia, March J 6, 1859. 

Sir: — 

From the documenls (now printeil,) sent by you to Consress on the 
12th ult. relating to my charges against Captain Jesse 1). Elliott, and 
my solicitation for a court martial on his conduct to me, I learned, 
for the first time, the secret imputations against me which he had 
'lod<^ed with the Navy Department a long time ago, (his letters com- 
municating them to Mr. Dickerson, are dated Dec. 3, 1835, April 20, 
1836, and Feb. 14, 1837.) These appear to have accomplished his ob- 
ject, by creating in the depart men tan impression which seems hitherto 
to have determined you, as Secretary of the Navy (and I presume de- 
termined also your predecessor, Mr. Dickerson,) to deny me the 
arrest and trial of Captain Elliott. This I infer, and allow me, sir, to 
say, the members of congress and the public infer the same — from 
your letter to the Hon. James K.. Polk, speaker of the house of repre- 
sentatives of the U. S., giving reasons why you have not hitherto 
brought Captain Jesse D. Elliott to trial on my charges. In this you 
observe "the facts disclosed in those papers furnish the sole ground 
on which the Department has hitherto declined acting on the charges 
of Midshipman Barton, and are in themselves the only reason why 
Commodore Elliott has not been brought to a trial on those charges." 
If I and the public be wrong, sir, in the inference stated, I re- 
spectfully beg to remark, that it is the only conclusion which ap- 
pears to follow, logically, the premises — and I will be glad to be set 
right, if in error in this. Captain Elliott, sir, assails me in the 
documents referred to, with the characteristic falsehood of all his 
representations in this affair. Wherever he has attempted to create 
impressions concerning it, he has done so by an indulgence in this 
fabulous propensity. He makes several offensive allegations: 
amongst which is that of "desertion from my station,^' which could 
have sprung from no other commander in the navy. Sir, there is no 
officer in the service but Captain Jesse D. Elliott, into whose mind 
such an imputation, under the circumstances, could have entered 
for an instant — none of such unholy contempt equally for truth 
and righteous justice, as to pollute the lips with the utterance of, 
and envenom the pen with the malice of inditing — such a monstrous 
and consummate slander. All his allegations against me are, in the 
gist they present, positively and unconditionally Fz\LSE. This is 
not the worst of it— he knew them, and knows them now, full well, 
to be false. Thus Captain Elliott has heaped further injury on me, 
sir, and I now formally charge him to you with this additional in- 
jury, as an additional specification of the charge already made to 



A 



2 

your predecessor, Mr. Dickerson, and also to you, "of conduct un- 
becoming an officer and a gentleman." 

First, by the false tenor of his own letters, dated as above men- 
tioned, in the printed documents. 

Secondly, by the statement preposterouslij presented with Den- 
nett's mark as an official document, which it never can be properly 
considered, wanting as it does an officer's attestation It wants 
this, though the ship was full of officers at the time it purports to 
be taken at sea, as Dennett's statement: and notwithstanding Cap- 
tain Elliott well knows it is the universal custom in the navy, and 
even was in his own ship, (except in this instance,) to have all 
documents whatever requiring a witness, witnessed and attested 
by an officer and not by a man; even a forward officer is never 
selected — always a midshipman, a passed midshipman, or a lieu- 
tenant of the ship. Thus does the statement carry informality with 
it on its very face. Besides this, it admits of no denial, that the 
statement, such as it is, is not a deposition at all. It is not for me 
to inform you, sir, that a deposition is an averment or document 
made or subscribed on oath before competent authority to adminis- 
ter an oath and "in the language of technical phraseology to take a 
deposition;" and in such case, the attestation is required of him be- 
fore whom the statement was made and subscribed and sworn to. 

Thirdly, by the informal statement signed by Boatswain Whit- 
taker, a man not remembered to have been seen by Mr. Sagee as 
present; nor have I, sir, and I aver it on honour, the faintest recol- 
lection of his vicinity or presence, although all the circumstances of 
the transaction are vivid in my remembrance. 

The result of the whole \?,, first, that I have been secretly ac- 
cused by Captain Elliott of being a quarrelsome person: as evidence 
of which he informs the Navy Department that I "struck his clerk, 
and mutilated his face," and leads the Department to suppose this 
was done without cause or provocation. 

Secondly, he has secretly alleged, that I also, "for some trivial 
cause," consequently without provocation, stabbed Dennett, who 
you were led to think, mildly remonstrated with me, and suppli- 
cated to be taken to the officer of the deck for punishment, if he 
had done wrong, but that I preferred stabbing him I Can any act 
of a reasoning mind refuse to receive this as the import and effect 
of the representations of Captain Elliott against me: and these se- 
cret until now? In all this Captain Elliott has practiced, or 
attempted to practice, the mean absurdity of palming ott'a defence 
for cruelty toward me, involving a simultaneous unofficer-like and 
undutiful disregard of fleet surgeon Boyd's remonstrance against 
his inhumanity, by RECRIMINATION!!! Thus much for my 
additional charge against Captain Elliott. But, sir, this is not the 
most heinous of his representations against me, as you will admit, 
when you advert to that charging me with ''•desertion from my sta- 
tion, and a direct disobedience of the express orders to me.^' Did I 
not defend myself from that foul accusation, you would despise me 
as wanting the honourable spirit of an officer; the nation would de- 



spise me, for it is on record in tlie annals of the nation — I should 
despise myself. 

1 approach you, sir, boldly in self-defence; I say boldly, because — 
to the oflBcial character of a secretary of the navy, whose province 
it is as such, to listen to, and adjust complaints from those under 
his guardiansiiip and control, — you unite a character and reputa- 
tion for literature, which, as it is part of your country's property, 
1 claim the rij^ht at any time to speak of. I allude to it here, and 
at this time, because it assures me that the mind and the educa- 
tion and the tone of moral feeling producing that character and re- 
putation, will be awakened by a proper touch, to the sight of the 
lustrous beauty of a jewel I am sure you value and appreciate: that 
jewel, which, by a proverb, is symbolic of two homely words of our 
language, when in juxla position, though the play on the ear of 
each, apart, is fair English. The beauty of justice, however, 
is embodied in the two monosyllables alluded to: hence tiiey will 
by this allusion occur at once to your mind. But to recapitulate 
before I begin my Defence. It is revealed to Congress by your 
documents that I have been secretly assailed, by Captain Elliott, 
with being a "quarrelsome person," and one who had in the heat 
of passion, been guilty, without cause or provocation, of striking 
and mutilating the face of his clerk, now a purser in the navy; 
and stabbing an unoffending man, both enormities achieved in down- 
right and demoniac forgetfulness of my s-tation; in a word, in wicked 
mischief. 

Before entering on the details of this recrimination, allow me to 
meet it for but one moment in gravity, as recrimination of cruelty 
set up as AN OFFSET FOR CRUELTY — and in all due seriousness point 
out wherein I have the advantage over my antagonist in strife of 
cruelty. This to be sure is a most extraordinary agonism — dis- 
grace and odium being the guerdon. But it is one nailed to the 
defiance post at the entrance of the tilting ring by Captain El- 
liott — not by me. The challenge is put upon me. I only meet it. I 
trust I shall show that he wears the stronger agonistic weapon, and 
I the weaker shield, in this encounter. Therein consists my ad- 
vantage. "Falma7nferat qui meruit.^'' 

Admit, for argument's sake, that I was guilty of cruelty it stab- 
bing my inferior when I was in power. Sir, Lieutenant, now 
Commander Boerum's letter, printed in the documents of Con- 
gress, shows that a certain duty had been neglected by the inferior 
which it was my especial duty to see executed. 

In an attempt to perform my duty faithfully, 1 met perverse and 
stubborn disobedience to my lawful commands, with threatning of 
personal violence endangering my life, had the instrument raised 
to eft'ect it been forcibly applied. The inferior had the physical 
strength; I was the weaker one of the two in strife, and in this epoch 
of time, / perpetrated the heinous act of self-defence! This was 
my act of cruelty. 

Now notice, sir, the other — the act of cruelty of him who strove 
with me for the palm of cruelty. I was, in the case of cruelty against 



which mine just noticed is recriminated, the inferior. But how 
ditl'erent in reference to Captain Elliott was my physical condition, 
from the superiority of strength to mine in my inferior! I was pros- 
trate. My condition supplicating, though my lips and mv indigna-, 
lion scorned to ask, mercy and I'orbearance. I could not then have 
harmed Captain Elliott — he knew that ivell, and the thought forces 
itself, how he would have acted if he had believed I could have 
personally harmed him I In this prostrate and aching hour, with 
my cot tremulous from the thrill of muscular pain and that agony 
which shoots tiirough the marrow of the bones, — in this hour he, just 
after the superadded pain of a surgical operation, — as if the thought 
struck him, "now is my time to avenge myself on this haughty 
middy, for his disdainful refusal to paint pictures for me of my heroic 
deeds, in this hour, sir — he practiced his cruelty on me!!! 

Is there ^parity between our acts of cruelty, sir? or is there a 
moral chasm separating them as wide as the natural separation of 
virtue from vice? of cowardice from courage? So much for Captain 
Elliott's Recrimination, supposing I had been guilty of cruelty; but I 
hope, sir, in this communication to give you evidence that his Re- 
crimination of cruelty, extraordinary as it is, is not the only unjust 
and malignant part of his course with you, to debar my right of a 
trial of him by a court martial on my charges. This very recrimi- 
nation is grounded on a false, disingenuous, and foisted representa- 
tion of an affair, which occurred as I have already said, in the dis- 
charge of my duty, with a foretopman named George Dennett, 
nearly a month previous to the precise time on which, by a commu- 
nication made when I returned to the United States, I charged him 
(Captain Elliott,) to the Navy Department with a dereliction from 
his duty as commander in relation to Surgeon Boyd, and with 
monstrous barbarity to me. Besides this, it is worthy of notice, 
that this statement bears date fifteen months after the occurrence 
which it claims to relate! Why this? why, if necessary to report 
this stabbing at all to the Naval Department, — why, sir, did not 
Captain Elliott report it at the time? That was undeniably his 
duty, if ever it was to be reported. The reason is as obvious as 
the pretext is shallow. 

It is thus evident that, in addition to the public manifestation of 
tyranny and unfeeling, uncharitable disregard of my sufferings, he 
has placeil the superincumbent injury of an occult attempt, appa- 
rently but too successful, to injure me with the Navy Department 
by foisting a false statement of the affair in question — predicating it 
on an informal and by no means satisfactory statement by Dennett, 
which, instead of being attested by an officer as witness, is attested 
by one of the men! (Conway.) Sometime in the winter of 1837, 
.lames Conway and a man by the name of Dougherty, formerly cap- 
tain of the 'Consfitiiiion^s maintop, came to my resilience and urged 
my signature to an article to appear in the public prints against 
Captain Elliott, in relation to a certain service of plate; and at the 
same time offered their services to me as important witnesses in the 
case of his (Captain J. 1). Elliott's,) treatment of me at Smyrna. 



To the overtures of these men, I turned a deaf ear. Conway's 
character and the credibility of liis attestation, may be gathered 
from tliis conduct. But to recur to the fact just noticed — the ab- 
sence of an otticcr's attestation. 

May I ask your attention to this fact!!! Why did not Captain 
Elliott send for one of the officers of his ship, or two of them, and 
take this statement in their presence, and have it ratilicd by their 
signatures as witnesses."* 

It is dated at sea, and it is plain therefore that any one, and in- 
deed all his officers were within live minutes call. 

Why at least was the statement not taken in the cabin in pre- 
sence of the executive officer of the sliip, the iirst lieutenant.^ 

It was clearly in the opinion of Captain Elliott no trifling matter, 
for he thought it worth while to trump it up fifteen months after 
the occurrence. In this aspect of the business. Captain Elliott's 
mind being gravid with the important document, of which he was to 
become parturient very shortly, with a destination of his nursling 
to your department — it docs really seem marvellous that so adroit 
a criniinator should have lost his forethought, and sent to you a 
bantling to deprive me of my fair standing in your department, 
and to grow up between me and my just claims on you for re- 
dress — perfectly denuded of all the decent clothing usually invest- 
ing such productions. How, sir, in law, in equity, as a morcecm of 
testimony to be presented to a court martial, would this suspicious 
document appear in the eyes and to the understanding of any 
persons accustomed to look for — and determine in a feeling of 
justice to have — an authentic evidence, not only of explicit truth 
and formality, but of entire absence of the faintest shade of collu- 
sion.^ Would, sir, such a document be received at all? would it not 
in courts of law and courts martial, and in the assemblies of private 
life, wherever discussions are held on the delicate points of charac- 
ter and conduct — would not, in all these, such a document be 
set aside."* Assuredly. 

I take leave most respectfully, sir, now that I have pointed out 
the insufficiency of Dennett's statement, to say, that I indulge the 
hope it will no longer be entertained in the Department against 
me, as one of the "facts disclosed in the documents which consti- 
tute the sole giound why Captain Elliott has not been brought to 
trial on those charges." 

I cannot therefore but object also to the document printed in 
the series of February 12th, purporting to be signed by " Whittaker," 
Boatswain of the Constitution. There is no legal or credible evi- 
dence in this document, that it was made on oath. Pray, sir, be- 
fore whom was it sworn .^ The names of several men are given in 
it "who are loilling to attest'^ to the statement of Whittaker. Why, 
if it was of sufficient importance tifteen months after the occurrence 
for a commander to call on these two persons, viz. Dennett and 
Whittaker, to obtain testimony of an act of mine by which he wished 
to prejudice the Department and the public mind — why, I ask, was 



IT NOT DONE PROPERLY AND LEGALLY; ami vvlij were not the several 
other men called on to testify legally? 

For all the foregoing reasons, facts and just exceptions to docu- 
ments aimed at my fair standing in your department, but exhibiting 
inherent evidence of informality, not to use a harsher term, I hereby 
solemnly protest, both against the document purporting to have 
Dennett's mark and that bearing Whittaker's name. 

I feel fully assured that on this point you will not, after a peru- 
sal of Mr. Sagee's deposition annexed, any longer withhold from 
me my just claim on you for the arrest and' trial of Captain Elliott 
— and 1 cannot but hope and believe, that inasmuch as this link of 
the chain of his secret espionage (for I knew nothing of these com- 
munications to the Department from Captain Elliott,) is thus opened, 
and notonly weakened, but altogether removed by the deposition of 
Mr. Sagee, that Captain Elliott will no longer have the hardihood, 
in despite of heaven-born charity's frowns — the frowns of honour, 
the frowns of duty, and the rife discontent of the whole union — 
to boast that "not one of the allegations pj-ef erred against kim is 
deemed by the Executive ivorthy of notice.^' There is one aspect 
of this false representation presented by Captain Elliott of the 
dirking att'air, that, in justice to myself, I cannot pretermit — it is 
the extraordinary oversight by Captain Elliott, when he was about 
to take evidence of this affair, of Mr, Sagee! He was at the time 
of taking those statements actually on board of the Constitution — 
holding a responsible trust as a warrant officer, and held in good 
estimation by Captain Elliott. 

Will it be said Captain Elliott did not know he had been present? 
How easy, supposing this to be the case, would it have been for 
him to have directed his first lieutenant to "pass the word," in 
ship phraseology, for all to appear in the cabin who had witnessed 
this monstrous crime. Then Mr. Sagee would have appeared, and 
then related, if asked, and on oath too, the same unvarnished state- 
ment of truth he has now given in his deposition. Sir, the obliquity 
of the mode practised by Captain Elliott of procuring and trans- 
mitting secretly to the Department the false and garbled statements 
of the transaction in question, must strike the mind as wilful in- 
tention to injure me, whom he had already deeply injured. 

Moreover, it is a subject of great doubt in my mind, and requires 
further proof than Boatswain Whittaker's own statement, whether 
he was actually himself present at the time, or witnessed the trans- 
action. I have no recollection of his vicinity to me at the time, 
and Mr. Sagee has no remembrance of his being present: and yet it 
would seem natural that the presence of the boatswain of the ship, 
at such an occurrence, would have occurred to Mr. Sagee. The 
well known habits of Boatswain Whittaker must not be lost sight 
of. What are they, and how far may they attenuate his testimony? 
It would be easy for you to ascertain the first, and decide in your 
own mind on the latter thought. 

I ask, furthei-, what had 7ny charge of cruelty against Captain 
Elliott under circumstances which made care and kindness his 



duty, to do with an act of mine, right or wrong as it may liave 
been — committed nearly a month before tlie cruelty complained of? 
An act for which too I had been punished legally by suspension? 
For it would have been transcending his right and his power for Cap- 
tain Elliott to punish me in any other way, than by suspension, or 
calling a court, which he did not do and had no right to pass over, if 
my conduct deserved one. It is a sorry defence indeed. I pro- 
nounce Captain Elliott's statement in relation to the aftuir posi- 
tively erroneous — I pronounce Captain Elliott's mode of presenting 
to you what he calls testimony in this aftair, uncatholic. I pro- 
nounce the pretended statement of Dennett, and also that of Whit- 
taker, false in every essential, except that I did, (in self-defence,) 
punish him, (Dennett,) and did so to avoid a deadly blow by a heavy 
hickory broom uplifted by a desperate and determined man in a state 
of mutinous insubordination to me, while in the due discharge of 
my duty, and while making an attempt to control and arrest this 
man, he being under my immediate command at the time. 

All this conduct of Captain Elliott renders it necessary for me 
to remove his sinister representations by a full declaration of the 
TRUTH, made by a warrant officer in the the navy, Mr. Francis Sagee, 
carpenter, whom you must know to be a warrant officer of justly 
high standing and unimpeachable rectitude. He is too a man of in- 
telligence and propriety, and is so esteemed in the navy. 

I respectfully request that his deposition appended hereto, be 
placed on file in the Department, as the only docianent yet in 
your possession bearing the stamp of requisite legality, and con- 
taining the truth and nothing but the truth. 

I ask this m justice as a Junior officer assailed by the secret fs/)i- 
onage of a superior. I now further declare on honour that Dennett's 
conduct was mutinous and threatening of personal violence to me — 
that I firmly believed then, and do now conscientiously believe, 
that but for the summary punishment I inflicted, and which was 
given in no passion at all, but, though irritated at the contumacy of 
the man, proceeded, with my wits about me, from cool deliberation — 
but for this my scull would have probably been fractured by a blow 
from the man with a heavy hickory ship's broom, with which he 
threatened me by uplifting it in a mutinous and resentful manner, 
in a manner well remembered by Mr. Sagee. I am above the mean- 
ness, sir, of saying that I regret the act which, under the circum- 
stances of the case, was one emanating from an impulsive feeling 
of self-defence. But I do most sincerely regret that the conduct of 
any man, ivldle it teas my especial duty to keep him at his, should 
have rendered it on my part necessary. 

Dirks are prescribed by rules emanating from the Navy Depart- 
ment, and by custom authorized to be worn by officers on ship 
board. If they are not to be used in self-defence, perhaps to pre- 
serve life, in cases of mutinous insubordination by contumaceous 
subjects, I know not why they should be worn. 

I have been, sir, more than fourteen years in the navy, and 
much at sea— yet never before nor since, stabbed any one. This 



8 

you will receive as a proof lliat I am not in the habit of beino- free 
\vith my side-arms. But, sir, you will admit, that mutinous dis- 
obedience, even without a cotevnporaneous offer of personal violence, 
is a serious offence. Kad Dennett been guilty only of the first, I 
should, as in duty bound, have reported him to the first lieutenant 
for punisinnent; but the aggravation of an overt act of personal 
violence threatening danger U) me on the spot — left me no time for 
parley, but imperatively called on that celerity of thought and de- 
cision of action, which alone could meet, protectively of myself, the 
exigency and impending harm. In my thought, an officer in the 
navy will prove himself unapt for an intrepid deed when his coun- 
try's service shall present an opportunity of achieving one — who 
vacillates between the conception and executive result of it, on any 
point of dangei-, and timidly shrinks from the bold execution of a 
deed rendered fit by circumstances. Would I not rightly have 
been held in contempt, sir, by this very Dennett and the lookers on 
of the crew. — had fear prevented me from f|uelling such mutinous 
behaviour as called for instantaneous punishment.^ What, sir, is 
mutiny ."^ "To rise against lawful authority in military and naval 
service — to commit, or attempt to commit some act which tends to 
bring the authority of military or naval officers into contempt, or in 
any way to promote insubordination." Hence, if the character I 
have adjectively given to Dennett's disobedience to my lawful 
commands, has not a just reference to this definition, I do not un- 
derstand the English tongue. I think, sir, you will agree with me, 
in a sentiment held by all military, but especially by naval officers, 
because of the greater danger from mutinous conduct on ship-board 
than elsewhere — that irresolution and consequent inaction at the 
precise juncture when mutinous behaviour is perceived, is indica- 
tive of cowardice, and in the language of Dryden, 
'■Cowardice alone is loss of fame." 

The commander of a ship whose "sword" will not "leap from 
its scabbard" to punish the first threatenings of mutiny, will be 
adjudged by his officers "a craven knight" — and with a reciprocity 
of opinion on this point, a gallant commander would view with the 
same intense contempt, a want of decision in one of his officers, 
however younj;;, who should be guilty of similar military misprision. 

Captain Klliott has in his letter to the Department of the 14th 
February, 1837, written: "A few words will explain the matter in 
reference to the 'drawings' and the 'requisitions,' which I made on 
the 'graphic talents' of Mr. Barton. This young gentleman had 
previously sent me in, unasked, specimens of his drawings: wish- 
ing to procure a particular one to send to the Navy Department, 
I requested its execution before his being restricted from shore, and, 
pending its continuance, he returned for answer, by my secretary, 
to know if he vms in quarantine. Declining to mix official with 
private business, I held no further communication with him on 
these matters." In reply to all this, sir, I must respectfully invite 
your attention to the extreme selfishness of his conduct, as he him- 



9 

self explains it — and to the very fiictof his havinj; in his mind and 
conduct done the very thing he says he did not wish to do — viz: 
mixed "official with private business." But, sir, I must further 
occupy your time, in self-defence, by dilating somewhat on this 
affair. I had painted a good deal for him. One of the drawings I 
made for him which I distinctly remember, was to represent the 
cutting out of the Caledonia and Detroit at Black Rock — it was 
painted as an emanuensis writes, from dictation. The hero. Lieu- 
tenant Elliott, was made such by his direction, (and I do not im- 
pugn his claim to have been so in this instance.) It was a gaudy 
performance, of no merit, and I should now be heartily ashamed 
of it, as red, green, and yellow paint, were untastefully displayed 
in it. Yet when exhibited to Captain Elliott as it seemed to please 
him and meet his nice appreciation of the beauty of such emblazonry 
of heroism — I could not, in self-love, find fault with it. In this 
said picture, I am sorry to say I did injustice by my poor pencil, 
in the position I gave him, to that rea/ Aero, General (then Captain) 
Towson. Should Captain Elliott ever have this painting lithographed 
or engraved as the only one extant of an artist pliant enough to 
draw from dictation as to the disposition of the details, I hope 
General Towson will forgive me for my rude boyish injustice. 
While the subject of "the drawings," which Captain Elliott has 
dragged so strangely before the navy department, as if conscious 
that the cord was touched (by the mention of it in the public prints 
to which in his official letter he alludes,) which struck in unison 
with the tone of Truth: while this subject is touched, a part of my 
defence being involved in it, it becomes necessary for me, in justice 
to myself, to say something more than has yet been said. 

In doing this I most honestly declare, I am chagrined to be 
obliged thus to become egotistic; for so heartily do I despise both 
egotism and egoism, I'rom a revolting example of both, vivid in my 
mind, that I feel as near self-disesteem for being guilty of it, in a 
public document, as I can feel when I bear in mind, that I never 
brought the subject of the "drawings" before you, sir, nor have I 
the blame therefore of bringing it before congress. Captain Elliott 
did this in his official letter of the 14th February, 1837. 

First, I solemnly deny that I "sent him little specimens of my 
drawings unasked." Sir, "mark how a plain tale will put him 
down." I had sailed with Captain Elliott long before this as 
an officer of his ship in a distinct cruise, that to France and Eng- 
land to bring home Mr. Livingston. At the expiration of that cruise, 
most of his officers applied to the navy department to leave his 
ship. That is a matter of record amongst your archives. So rife 
was this propensity to procure leave, that I believe Captain Elliott 
then issued a circular to the remainder, to ask who more intended 
to leave, and to give their reasons. Sir, I was amongst the very few 
who were willing to remain — this, however, en passant. My object 
in referring to that cruise is to say: that during its continuance, 
Captain Elliott became acquainted with whatever of an artist's 
talents I possessed. And at Cherbourg he received some specimens 



10 

of this kind, (by his order,) being objects worthy of notice in the dock 
yard of that place. These tritks he tlien commended, and either at 
Cherbourg or on our voyage home, he consulted me about the talent 
of painting in reference to his son, then quite a lad, — desired to 
know if he possessed the talent, &c. All which is now mentioned 
to show you that Captain Elliott's statement in his letter to your 
predecessor, Mr. Dickerson, of the date just named, a considerable 
time after, in which he says "this young gentleman sent me in un- 
asked little specimens of his painting," is positively erroneous. To 
conclude on this point of the "drawings," I aver conscientiously that 
if I possess the power of reasoning fiom facts, and drawing inferences 
of men's motives and the spring of their deeds, from close scrutiny 
of their conduct, I am borne out by such reasoning in declaring, 
that Captain Elliott's treatment of me arose from private pique, be- 
cause 1 refused any longer (for reasons good in my own bosom, and 
not creditable to Captain Elliott if they were fully divulged,) to 
paint for him. That this umbrage existed, may indeed be inferred 
from the tenor of his own ofhcial letter already referred to, in which 
he says he did not choose to mix private matters with public ones. 
His secretary, Jesse E. Dow, now a clerk in the patent office at 
Washington, came to me while I was under quarantine for striking 
clerk Holland, to convey Captain Elliott's desire (conveyed in an 
oflensive manner as a command,) for me to finish an incipient 
drawing for him. I refused peremptorily, chiefly because Captain 
Elliott had induced me to believe those I had made for him were 
for the navy department; which I discovered was not so. The said 
Mr. Dow told me that I ought to consider it "-an honour to paint 
for the commodore," or words of similar import. From that mo- 
ment the evidence of Captain Elliott's displeasure was betrayed in 
numerous little petty vexatious ways. He tinally ordered me to 
the Shark, as one of these annoyances. It was for many reasons 
an annoyance to me. First, I was at variance, and this was well 
known, with the gentleman on board the Shark, with whom my 
subsequent meeting took place. Secondly, I had in all my sea-ser- 
vice, served, with the exception of one year in the Hudson frigate, 
in sloops of war and schooners: and one of the grounds of my ap- 
plication in December, 1834, to the Department, for orders to the 
Constitution, was based on this inexperience in large vessels. 

I believe and shall always believe, that Captain Elliott's cruel 
treatment of me when afterward I was hurt, was a link of the same 
galling chain of oppression which he had been gradually forging 
around my liberty, my peace, and my just rights. 

As the object of this communication is two-fold: first, self-de- 
fence, and secondly, to obliterate from your mind, sir, all wrong 
impressions not borne out by facts, but proceeding and naturally 
imbibed, from the vain attempt even at sophistry in Captain Elliott's 
reasoning, and in his statements, it becomes proper, in conformity 
with this duplex object to notice what he has written in his letters 
to the department, (of 20th of April, 1836, and of 14th of February, 
1837,) and is pleased to call "an unnecessary consequence given to 



11 

the affair at Smyrna,'- and concerning, what he terms, "a portion 
of the libel (republished in the Army and Naval Chronicle,) in re- 
ference to the stated causes of my removal from the Constitution 
to the Shark." Permit me to quote his remarks, and respectfully to 
direct your attention to the insinuations against me, which they 
convey. "One day, on the quarter-deck, a man came up and re- 
quested permission to speak to me, which I readily granted; he then 
asked, 'were the young gentlemen allowed to stick their dirks in 
them with impunity?'" (In whom.^ I am at a loss, sir, to know 
■whether «'^/(,em" has reference to "the young gentlemen" them- 
selves, which would imply an attempt at the crime of felo-de-se; or 
to whom it does relate. It certainly, in the present construction of 
the sentence, cannot relate to the interrogator, who accosted Cap- 
tain Elliott on the quarter deck. I arrive at the belief that it must 
be a misprint from the original, and that Dennett must be referred 
to by the plural relative pronoun, "them." After this passing re- 
mark on the obscurity of the sentence, not the only one which Cap- 
tain Elliott's letters exhibit, I proceed with the residue of the quo- 
tation.) "I immediately inquired into the matter, and found that 
Mr. Barton had, for some trivial cause, in the heat of passion, dirked 
the man. To avoid a court martial, I ordered him to the Shark, 
with strict injunctions to his commander not to allow him to visit 
the shore without my further permission, (there had been none yet 
given,) apprehensive that some difficulty might arise with the other 
young gentlemen of this ship." Here, sir, permit me to notice the 
insinuation of quarrelsomeness. I had sailed one distinct cruise 
before this with Captain Elliott in this same ship, the Constitution, 
for which ship I had been an applicant, with a sailor's predilection 
in her favour, long before Captain Elliott had been appointed to 
her — and when some friends, from a mistaken but good motive to- 
wards me, had, without my knowledge, procured a relief order — 
such was my attachment to "old iron sides," famed for her Hull, 
that I instantly wrote and solicited Dr. Barton to write, which he 
did, letters of request to the Secretary of the Navy, to have the 
relief order rescinded, which was promptly done. ' How and for 
what cause I was first ordered out of my appointment in her, given 
after long application amongst the first appointed; and how and 
in what manner and from what motive, I was a second time turned 
out of her, as a rabid dog would be spurned, second-handed, without 
seeing or looking at him, from one's mansion, you and the public 
already know. To the longest day I live will I never forget the 
boddy agony and mental anguish of that cruel deed. But, sir, pro- 
ceeding after this digression to recur to the first cruise with Cap- 
tain Elliott — as I had had no quarrel during it with any one, and not 
during the second cruise until the quarrel with his clerk, what right 
had Captain Elliott to write to the Department and insinuate that 
I was combative, and declare officially as he has done in the pre- 
ceding paragraph just quoted, that he restricted me on that account 
from the liberty of the shore from the Shark, to which vessel 
he tells the Department he ordered me to avoid a court martial 



12 

in the attUir of Dennett? What right had he to injure or at- 
tempt to injure me, by giving as a reason of restricted liberty 
that he "was apprehensive that some difficulty might arise with 
the other young gentlemen of the ship?" Is this a rational 
sequence from Dennett's affair? Sir, was this fore-top sweeper, 
one of the "other young gentlemen of the ship?" This epithet, you 
know, sir, is borrowed from the British service; and by it midship, 
men are designated, but not passed midshipmen, the latter being 
generally designated simply as officers of the launch, mates of the 
gun deck, &c., &c. Sir, the illative result of his motives in writing 
as he did, in the words quoted is, that he designed to give an im- 
pression to the Department, that I was "a quarrelsome person," as 
he had in his first letter of the 3d of December, 1835, declared — 
and again reiterated in his letter of the 14th of February, 1837, in 
which he writes, "while we lay in Mahon in October, 1835, Passed 
Midshipman Burton struck my clerk, and mutilated his face; in 
consequence of which the former was restricted from shore, and a 
promise obtained from the latter that he would not call Barton out, 
which I was informed it was his intention to do, with my threat, 
that if he did, I would dismiss him (my clerk,) from the squadron." 
As regards the personal ali'air between me and the clerk, (now 
purser J."C. Holland, U. S. N.) which Captain Elliott has dragged 
before the Department, and which now is, in consequence, embodied 
in one of the public documents of congress, I am bound to defend 
myself with tlie expression of sincere regret, sir, to be obliged, even 
in self-defence against the sinister insinuations of Captain Elliott, 
to trouble you. The tale is short, and briefly I will tell it. The 
facts are these: I was grossly insulted by this clerk, and I resented 
the insult on the spot. But I v/as willing to incur and expected to 
incur the personal responsibility that resentment involved. It was 
never asked of me, directly nor indirectly. I refer to all the officers 
acquainted with the affair, for the truth of my averment on this point. 
Lieutenant Watson well knows, and others know, I never was called 
out; nor had Captain Elliott any just ground to infer that I would be. 
He quarantined me on honour for this offence, and sent for me and 
assistant surgeon Woodworlh of the Constitution to repair to his 
cabin. There he first urged me to apologise to clerk Holland, 
which I decorously but firmly declined. Captain Elliott knew me, 
and therefore knew it was no part of my character to blench or to 
waver. Still he importuned me on this point, as I then thought and 
now think, unhandsomely, since he must have perceived I attached 
meanness and pusillanimity to the course he suggested on my part. 
He conversed some time on the subject with an evident intention 
to cause me to adopt his suggestion, by something that savoured so 
much of intimidation, that I then refused in every ivay and manner 
to humiliate myself. Still I was respectful to Captain Elliott. As 
Dr, Woodvvorth was present during all this interview and heard 
all tlie conversation, I appeal to him for the entire truth of my state- 
ment, in its tangible and essential bearing, though of course he 
could not know what was passing in my bosom on the matter. 



13 

I protest against the statement of Captain Elliott that I was 
sent by him to the Shark, to prevent a meeting. Nor was I 
sent there to be screened from a court martial for stabbing Den- 
nett. I was not afraid of the sentence of a court, had one been 
instituted to try me for that act. The fair investigation at the time, 
would have resulted in acquittal, on the ground of proof which could 
then readily have been given, by others besides Mr. Sagee, that it 
was done in self-defence. 

It was Captain Elliott's duty to have had me tried by a court, if he 
thou"-ht I was guilty of reckless infliction of punishment. His not 
havino- had me tried, if he then believed the truth to have been ivhat 
he since represented it (fifteen or seventeen months after the trans- 
action had died away,) to have been, is, especially with an officer 
so ready for courts-martial on others, that he says he intended to 
have had me "brought in with others in a court for trial! I!" 
Sir, it is strange, but yet quite evident, from Captain Elliott's own 
remarks, that he wished, earnestly loished, to have had me tried — for 
what? in his own words, "contending for a point of honour." He 
tells the Department, (April 20, 1835,) «'he is the last officer in the 
navy that would have one of the young gentlemen yield a point of 
honour, and would go further, even assist them in contending for 
it." How far his course to induce me to yield that point of honour, 
by apologising to clerk Holland, under the contingency of his other- 
wise "calling me out," tallies with this declaration, I leave for the 
true cavaliers of the navy, and others out of it, to determine. 

That he would have had the temerity to institute a court of ho- 
nourable officers to try me on i\\\% foisted charge, I do not credit. 

As evidence of his propensity to bring officers to trial, I may 
here not inopportunely observe, that he has in an official letter to 
the Navy Department, published by himself in the Carlisle Herald 
and Expositor newspaper of the 22nd of February, of the present 
year, betrayed an overweening anxiety that even Surgeon Boyd of 
the navy should be brought to a court. This is his language, "I 
cannot help remarking that Dr. Boyd has assumed an attitude in 
the matter pertaining to Passed Midshipman Barton and myself 
which seems to call for the investigation of government." Sir, for 
what.'* For doing his duty! He discharged that, it is true, inde- 
pendently, feelingly, conscientiously, uprightly, manfully. He did 
no more than his duty in this alFair — but he deserves and possesses 
unbounded gratitude from me, for the humane and resolute manner 
in which he attempted to ward off a dangerous blow from my hurt 
limb, which limb Captain Elliott himself informs the Department 
by date of letter Dec. 3, 1835, with a degree of sang froid truly 
amazing, for it is unaccompanied even by the every-day word, 're- 
gret,' imposed by the formalities of civilized life, even when there 
is heartlessness in the bosom — I say he himself first informed the 
Department that I was hurt "to such an extent as to render the 
loss of my leg not improbable." For striving to save this shattered 
limb from additional peril. Dr. Boyd ought to have his conduct in- 
vestigated ! Or is it, sir, for the preposterous charge embodied in 



14 

the same letter. Sir, the viper that gnawed the file, would as easily 
have harmed the steel, as Captain Elliott's attempt at injuring Dr. 
Boyd on such a frivolous and unmerited an allegation. Sir, it be- 
becomes not me to defend Dr. Boyd from this insinuation of med- 
dling in what concerned him not — he is well able to defend him- 
self — were defence needed in the opinion of the Department, or 
that of the navy and the community. There is no occasion for 
this, however. Captain Elliott's allegation made not the least im- 
pression on the late Secretary of the Navy against Dr. Boyd — it 
was not known to be there by any noise it made, for it made 
none, having fallen still-born and unnoticed. 

This may not be an unfit place to notice a sentiment and official 
opinion proceeding from Captain Elliott, by the force and practical 
realization of which, I have suffered so much and been so deeply 
injured. In the Carlisle newspaper already referred to, and in the 
same letter from which his notice of Dr. Boyd has been quoted, I 
quote the following: "I consider that if necessary or expedient, 
that the fleet surgeon is bound to advise with me on medical and 
surgical matters, and that where the good of the service requires, 
and its discipline is at stake, the fleet surgeon must yield in all 
cases to the opinions and decisions of the commander-in-chief!!!" 
Sir, this is the expression of an opinion vital to the safety of every 
man or officer who may become sick. Sir, it is official heresy in a 
comm.ander — and it is so because it is an untenable and unsound 
opinion or doctrine, held by no other commander in the service. If 
there be a singleness of sentiment pervading all officers of whatever 
grade in the navy, but especially of the rank of commanders as 
such — it is one in diametric opposition to this novel declaration. 
As far as my experience and observation go in the navy, the most 
distinguished and elevated of the officers who command, are re- 
markable for their co-operation with the medical officers, in accom- 
plishing everything which can promote the ease, comfort, and cure 
of the sick. I appeal to the naval officers en masse for a verifica- 
tion of this position. But, sir, there are laws enacted by Congress 
on this subject, and rules for navy government, and customs which 
cannot be impugned, all tending to the point of opposition to Cap- 
tain Elliott's opinion. Allow me to quote the following — noticing, 
that as circumstances did admit, in my case, my continuance on 
board the Constitution, the provisional portion of Article 2nd of 
the duty of a fleet surgeon as designated by Congress — was not 
tenable, and consequently Dr. Boyd's remonstrance was unlaw- 
fully set aside. 

FROM ACTS OF CONGRESS. 

Duty of Fleet Surgeon. 

Art. 2. "He is to propose to the Captain every thing which he 
may think likely to be of service to the sick, to increase their com- 
forts, or to accelerate their curej and as far as circumstances may 
admit, the Captain is to comply with his proposals. 



15 

Commanders of Fleets or Squadrons. 

Art. 25. "The Commander of the fleet or squadron shall direct 
iVequent examinations to be made into tiie hospital establishments, 
and sick quarters under his command, and cause every attention to 
be paid to the comfort of the sick. 

Rules and Regulations of the Navy. (Laws approved 1800.) 
Commander. 

"He shall cause a convenient place to be set apart for sick or 
disabled men, to which he shall have them removed with their 
hammocks, &c., when the surgeon shall so advise." 

To conclude this portion of the canvass I deemed right, of the 
extraordinary and novel opinions of Captain Elliott, justifying him- 
self thereby, in his treatment of me — I have only to say, that not 
being a medical man I cannot enter into it as fully as its import- 
ance clearly merits. There are, however, views concerning item- 
bodied in your series sent to congress, proceeding from one whose 
profession girts him with the proper knowledge on the subject. 
The perspicacity of the medical corps of the navy will quickly re- 
cognise the tendency of such heresy to laws and usages in the navy, 
in rendering their best professional efforts for the good of the sick, 
entirely futile and useless. If, indeed, such doctrine as that which 
common sense at once judges to be mischievous and tyrannical, were 
to be generally embraced in the navy, it would be high time that 
other and more protective laws for the sick and hurt, should ema- 
nate from congress. But, sir, there is too much humanity and good 
sense in the navy to lead to any apprehension that such heterodox 
notions will, by their general pervadence in the rank of com- 
manders, render such enactments necessary. Whether the ele- 
vated rank of the officer giving them voluntarily in a public news- 
paper to the v.'orld, will cause their universal adoption, is to be 
proved. In my thought such a result is not likely to occur. 

I have another remark to make; evidencing how relentlessly 
Captain Elliott annoyed me, even by distressing me when ill, and 
scarcely able to bear up, with all the fortitude I could muster, 
against the numerous ills I had to encounter. It is in reference to 
his stating that I had been tried for the affiiir at Smyrna, and 
sentenced to six months suspension. It is not the fact — my name 
was in this aspect, never before the court. I appeal to the members 
of that court, Lieutenants Pearson, Harwood, Neville, Colhoun, 
Watson, Brent, &c. for Captain Elliott's unfounded statement. 

I refer you to my correspondence with Mr. Offley of the dates of 
28th and 29th August, and Sept. 1836, now annexed for file in the 
Navy Department, for evidence that he had communicated this un- 
founded intelligence to Mr. Offley. That it renewed my vexations 
and created a feverish impatience injurious to my comfort and 
care, you cannot doubt. 

His boast that he "sent his largest and best boat, so that I could 



16 

be carried comfortably," (from the Shark,) is singular. I never com- 
plained, sir, of the size of the boat in which he directed me at nij 
medical attendant's request to be taken out of the Shark — nor of the 
size or goodness of the one he employed to carry me thither when he 
turned me out of the frigate — nor of being taken to the shore. 
His vaunting of this, sir, forcibly reminds me of the boast made 
by Queen Elizabeth to those of her lords-ministers who dared to 
tell her of her cruelty in having, from private pique and offended 
self-love, incarcerated the Earl of Essex. "Have I not sent him 
to the best prison in my dominions.^ He ought to be content." The 
prison to which Captain Elliott first sent me when he turned me 
out of the frigate, was a steerage 16 feet beam 7 feet 3 inches fore 
and aft and 4i feet between foot deck and over head beams. (These 
are the exact dimensions of the schooner Dolphin, from an authen- 
tic source; but the schooner Shark is a smaller vessel, and there- 
fore the steerage of the latter is within these dimensions.) In this 
there messed and slept Jive officers, amongst whom was my late 
antagonist! A fit place truly for an extensive wound. 

But, sir, Captain Elliott makes another boast of his care and pro- 
tection, and his "bright look out" for my comfort and cure. He 
informs the Department in lucid and elegant language of the im- 
portant fact: "I sent a man from the schooner to attend him," (who 
however rejoined the sciiooner when she sailed, and for eight months 
I had no man from the schooner to attend me.) "I knew, from the 
nature of the wound, that a long and tedious confinement was una- 
voidable, and entirely unfit," (what this word 'unfit' refers to, the 
wound or the confinement, I am uncertain,) "to be kept in a ship of 
war." "I directed every article belonging to the surgical depart- 
ment of the schooner, that was required for his use, to be left j and 
the vessel ivas therefore destitute, anb evex went to sea without 
THEM." Sir, here is an array of articles called to your mind of 
such value, that to promote my comfort, the utter destitution of 
the medical department of the schooner Shark, was the result of 
this abstraction of these important articles for my use. In order 
to give full force to the evidence of humane consideration for my 
situation implied by the liberal draught on the schooner Shark's 
dispensary. Captain Elliott applied to Lieutenant Commandant 
Boerum, then commanding the Shark as successor and relief of 
Lieutenant Commanding Ridgeway, for a certificate corroborative 
of his statement, and Lieutenant (now Commander) Boerum, writes 
in his letter of the 14th February, 1837, thus: "after I relieved Lieu- 
tenant Ridgeway in command of the Shark, and we were about to 
sail from Smyrna, Dr. Egbert told me there were some articles be- 
longing to the hospital department that would be required tor Mr. 
Barton's use; and that they could not be procured in Smyrna, and 
that we had but one set on board. I applied to you, and you or- 
dered the Shark's to be left." (This precaution was proper else, 
peradventure, Captain Boerum might have been blamed by Cap- 
tain Elliott for leaving these articles for my use, without his, the 
Commodore's permission.) 



17 

Now, sir, only mark the magnified importance and value (by Capt. 
E.) of these articles, by reference to Surgeon Egbert's letter to me of 
the date of March 3d, "1839, annexed. They were five in number and 
could not be worth more than six dollars! There are generally not 
only duplicates but eight or ten duplicates of three of these articles 
on board of a frigate: the gum elastic cloth could only be necessary 
in case of a suppurating wound. Commander Boerum is too intelli- 
gent and correct an officer to attach the least importance to this 
procedure; but of course could not refuse to attest it when asked 
by Captain Elliott to endorse so large an expenditure. Doctor Eg- 
bert merely did his duty, as a correct officer, in mentioning the 
circumstance of these articles being required by my situation, to 
account for their absence, if wanted thereafter. He attached no 
value, or but little to them, or consequence to the leaving of them. 
It is curiousthat Capt. Elliott should have attached any at the time 
— stranger that he should even recollect such trifles — and absolutely 
amazing that he should think, it necessary not only to report the fact 
to the Department, (which could scarcely be done in the giving away 
of a spare spar or cable or kedge-anchor to a ship in distress,) but it 
is passing all this, that he should have condescended to solicit and 
transmit the corroborative testimony of Commander Boerum, sub- 
stantiating his frivolous report on this point. But, sir, you will 
observe Captain Elliott forgot to report to you that he withdrew 
the "man he sent from the schooner, to attend me," as soon as 
the Shark was to depart. Thus was I left even without a claim on 
any human being, but my kind hearted surgeon. Dr. Marpurgo, for 
relief. 

The far famed, oft repeated, "bill of credit," which Captain 
Elliott also reported, not only to the Department, but caused 
Lieutenant Bullus to give publicity to in the Times newspaper of 
New York, deserves a passing notice. Sir, it is untrue that he left 
me "with a letter of credit on the schooner:" but in denying this, 
I would by no means be understood as rudely contradicting Com- 
mander Boerum's statement, "that he ordered two months pay, 
(advance,) and a letter of credit on the schooner Shark to be left." 
That gentleman himself does not sustain Captain Elliott where 
Captain Elliott says, "/left him two months' advance, with a letter 
of credit on the schooner, and under the charge of an old and valued 
friend of mine, Mr. Offley, United States Consul," by saying 
he "orf/frcf/" this. First, sir, permit me to remind you, that a 
purser and he only and alone is responsible in a pecuniary point 
of view, for any and every advance he may make to any officer 
under any circumstances. It is not within the power of any com- 
mander in the service, but by a course he did not pursue,* to 
"order^^ a purser to make an officer any advances, with the se- 
quence of exonerating that purser from pecuniary accountability 
to the 4th Auditor of the Treasury Department, for any over 
payment which death, dismissal from the service, or other cause 

* See Regulations of Department January fi, 1838. 



18 

may exhibit against such officer's name. Had I died. Captain 
Elliott would not have been accountable for my advance of two 
months pay, but Purser Fauntleroy would have been responsible- 
It would not have been discretionary with the 4th Auditor, with- 
out the ratification of the Secretary of the Navy, to have exone- 
rated Mr. Fauntleroy. This is no matter of assertion. It has 
been repeatedly tried by issues such as that hypothetically sug- 
gested, and the pursers always had to pay back the money. 
Who then, sir, deserves the cretlit of this common place act of a 
short advance, in this case — an act of mere necessity, often per- 
formed for officers by liberal-hearted pursers when starting on a 
travel of pleasure to a distance from the ship? Not Captain Elliott, 
sir, but that excellent gentleman Purser Fauntleroy. Besides, sir, 
he and not Captain Elliott gave me a letter of credit on the schooner 
and directed to Mr. Offley. It was not in Captain Elliott's power 
to order it, with the effect of releasing Mr. F. from accountability 
and assuming it himself. He did not even countersign it. For sub- 
stantiation of all which, I refer you to Consul Offley's letter to me of 
the date Sept. 2, 1836. But, with the best intentions on the part of 
the purser mentioned, his "letter of credit on the schooner," pro- 
cured no credit for me. Mr. Offley declares, "I have no other 
bill of credit than a note from Mr. Fauntleroy which states, "Mr. 
Barton of this schooner has been left in this city," (Smyrna,) "and 
his pay has been given him by me to the 1st of April next, if after 
that period he should still remain ill, or detained in this city, his 
bills on me for his pay after the above date, I bind myself to ac- 
cept and pay at the rate of $750 per annum. D. Fauntleroy, 
Purser U. S. Navy." 

"This note is directed (continues Mr. Offley,) to me." Here, 
sir, is the truth and the whole truth exhibited to you, of the "bill 
of credit," which Captain Elliott reported to you and published in 
the Times newspaper and lately in the Carlisle Herald and Expo- 
sitor of the 22nd February, he had given me: and which an 
honourable member in congress, from the representations of Cap- 
tain Elliott, made directly to him, called, in debate in the House, 
"a letter of credit to any amount given me by Captain Elliott, which 
very letter of credit, I had used too!!!" Again, said Mr. McClure, 
"Captain Elliott gave him a letter of credit to any amount of money 
which might be found requisite to provide for my recovery and 
comfort!!!!!" Sir, the small sums I obtained from Consul Offley 
were extorted from him in my extremity of need, by urgent notes, 
such as those of May 2nd ancl June 2nd, 1836, (annexed,) from me, 
appealing to him as United States Consul, as "a distressed Ame- 
rican sailor." They were borrowed monies to a small amount 
returned through the late Griffin Stith, Esq. Even in the following 
quotation from Captain Elliott's letter to the Navy Department of 
February 14, 1837, Mr. Offley himself speaks of "lending" me 
funds. "I shall have to lend Mr. Barton $200, (which he did not 
do,) he will owe his doctor's bill, and I believe about $90 to Stith; 
for all of which he will give a bill on the Navy Department." 



19 

Whatever I borrowed of Mr. Offley, (the sum total was $135,) I re- 
turned through Mr. Stith, anil that no official responsibility of Capt. 
Elliott, or Purser Fauntleroy, or Mr. Offley as consul, was ever as- 
sumed in the necessary transactions, I beg to quote from the 4th 
Auditor's letter to me of the 28th Feb. 1839, in re|)ly to my appli- 
cation for information on that point, the following paragraph: "The 
records of this office do not show that Mr. Offley has ever presented 
any claim for monies advanced to you while at Smyrna. Your draft 
in favour of Mr. Stith was presented and paid at this office on the 
24th of Nov. 1836." Signed, A.O.Drayton. In addition to this, I 
have to say, that you will find, by reference to a letter to me from 
J. C. Pickett, Esq., late 4th Auditor, bearing date Dec. 29, 1836, 
that when I returned to the United States from Smyrna, I had 
$559 06 due me, (my pay was $750 per annum,) after deducting 
an over payment of $4 21 by Purser Fauntleroy on and to the 31st 
March, 1836." In a word, that I had not received one solitary 
farthing on account of the much vaunted "bill of credit," "letter of 
credit," &c., which I have already shown emanated altogether from 
Purser Fauntleroy, involving his responsibilitv only, and given in 
full belief that I should on it be able to draw funds for my neces- 
sities. It was virtually protested by Mr. Offley. Out of the above 
mentioned sum of $559 06, my draft in favour of Mr. Stith, a por- 
tion for himself and the residue to repay borrowed money from Mr. 
Offley, was duly honoured by Mr. Pickett. The result is evident, 
that I had borrowed of Mr. Offley SIO above two months pay, and 
for all the residue of the time I was ill in Smyrna, I had no funds 
whatever. The truth is Mr. Offley refused to advance me a dollar, 
until Mr. Stith became to him responsible for the repayment, which 
that noble-hearted man, by no means affluent, readily engaged to 
do, and did do. Surely, sir, these pecuniary troubles were suffi- 
cient to depress me, and quite adequate, in my diseased condi- 
tion, to consummate my misery. Yet thev did not crush me, for 
at length came, with the perception of my utter destitution, the 
balm and solace of female tenderness and care. In the bosom of 
Mr. Stith's family, now returned to the United States and residing 
in Baltimore, I was nursed and cherished like a son and a brother 
— and gratitude inexpressible warms me. 

A link of the chain of my troubles was formed out of the fact, 
well known in the squadron, that Capt. Elliott would be the means 
of throwing me into the field with a gentleman of my own grade, 
but my senior, then on board of the Shark — if he ordered me to that 
vessel. He did so order me notwithstanding he was informed of the 
certain issue by the captain of that vessel, Lieut. Com. Riflgeway, 
who, however, seems to "have no recollection of ever having ver- 
bally communicated any thing to that effect." Lieutenant Ridge- 
way further observes, "I am certain I never wrote to you upon 
the subject." Sir, no one ever charged Lieutenant Ridgeway with 
having brought this more than probable issue to the notice of Cap- 
tain Elliott, in writing. He is quite right, for all I know on this 
point, and it is the only portion of his remarks on this subject in 



20 

which he is positive. Respecting the verbal communication on the 
matter, it is clear lie is not so positive — he does not "recollect" it, 
he is "disposed to think there is an error in the account published 
in the Chronicle." Sir, he does not declare categorically, and with 
emphasis, as a man would declare if positive — if quite assured — "I 
never, sir, intimated any thing like this, or of the meaning of this 
intimation, charged as emanating from me, and I hereby most po- 
sitively and emphatically deny it." Sir, I repeat Lieutenant Ridge- 
way does not say this. I can only account for the want of recol- 
lection of this remarkable circumstance, taking the issue into view, 
by allowing that this othcer has a most fallacious and unretentive 
memory. Sir, it is recollected — itisremembered, which is a stronger 
term, by many others, that Lieutenant Ridgeway did say he had told 
Captain Elliott of his well grounded apprehension. Sir, I boast a 
good memory, and I do hereby declare on honour, that Lieutenant 
Commanding Ebenezer Ridgeway, did state to me in the presence 
of the late Mr. Stith, at Madame Marichenis' Greek boarding-house, 
where I lay ill, that he had told Captain Elliott of the difficulty ex- 
isting between the late Mr. Wood* and me, previous to our 
meeting. Of this, he was at the time willing, and oflfered, to give 
me a declaration in writing, also in the presence of Mr. Stith. Sick 
and miserable, and unused to seek for documents lest gentlemen 
should have slippery memories, I did not take him at his word. 
This I need not, however, regret, since there are other persons now 
ready to attest, on their oaths before a court, that they know of 

* The mention of this gentleman's name calls up various reminiscences. 
We had been, at Brazil, intimates and associates, and, I can truly say, I was 
then his friend; (his hurting me inspired not a particle of animosity, for it was 
the chance of fair issue.) Our old relations, after our return from that coun- 
try, were unhappily disturbed by causes which are long since given to the 
winds of heaven to dissipate into airy nothings. I neither desire to recollect, 
nor will I recollect them. As his shade and the peace of his family have been 
disturbed by a recent public procedure, emanating from no authority, but being 
in fact an intrusion upon its archives, without the remotest pretext ot'necessity 
or use to any one living, I feel called upon by ancient amity with Mr. Wood, 
and out of respect for his family and their feelings, and because I had many 
opportunities of knowing him well in the bright day of his jocund spirits, to re- 
cord his virtues — and they were strong virtues. Possessing, as an inheritance, 
talents of high order: and great vivacity of mind and wit — he was endowed, 
signally, with requisites for a naval officer of high standing. An excellent 
early education had sharpened his mind to a wholesome tone of culture, while 
his reading made him a desirable companion. He was an excellent sailor, 
and was characterized by a sailor's foible — he was generous to a fault, freely 
sharing his last copper with his messmates and friends. He possessed a spirit 
which, had any occasion for his country's service called it out, would have 
doubtless led to some intrepid deed. In a word, he was gallant and brave. 
True, he had been lately my foe — but he was a bold and open one, and for that 
I respected him — nothing despising and. detesting more, than occult, insidious 
enmity. He has left a wife and children who should not, and could not, ho- 
nourably in the agent, have the sanctity of their retirement invaded, and their 
feelings harrowed by uselessly unveiling foibles and faults — for who is there 
who has them not! As I never bore him malice while living, notwith- 
standing, in the event of my recovery, a second meeting would have taken 
place, I lean to the recollection of his virtues only: and sorrow for our feud 
now that he is no more. Peace he to his ashes. 



21 

Lieutenant Ridgeway's having made similar declarations on this 
point. The fact is stated in Mr. Ringgold-s letter, on file in the 
Navy Department, and is most amply and satisfactorily established 
by Surgeon Egbert's letter of the Bth March (inst.) to Dr. Barton, 
hereto annexed. 

I come now, sir, to notice the consummation of Captain Elliott's 
ungenerous course, seemingly so well devised to accomplish his 
purpose in holding me up to the Department in the light of a fac- 
tious and insubordinate officer, whose complaints against him ought 
not to be "deemed worthy of notice." Not content with heaping 
cruelty and injury on me, as I have charged him officially, he, it 
appears, has dared to impute to me desertion, in despite of his, Capt. 
Elliott's positive orders. To malign me, against whom, froni the 
first day of my appointment as an acting midshipman in 1824, until 
the hour his letter of the 14th February, 1837, had been received at 
the Department — not the shadow of any charge of unofficer-like 
conduct had been seen there, to darken even by its passing shade 
for one moment, the fair standing I held there — to malign me thus, 
and secretly too — by the most odious accusation a commander can 
make against an officer under his orders, passeth, I confess, my 
conTprehension how it ever can be considered consistent with 
honour. A bold day-light accusation by Captain Elliott of any 
misdemeanour, however innocent I might have been of it, with 
a simultaneous, or at least timely annunciation of his having ac- 
cused me, could have been made without a forfeit of whatever 
respect may have been with me at the time. But if this covert alle- 
gation to injure me, without even a request that I should be in- 
formed of it, does not savour of nioral assassination, I know not 
what it savours of. 

In making these observations, sir, I have confined myself to the 
course and motives for it of Captain Elliott — for I believe him to 
have failed entirely in his object with the Navy Department on this 
subject. But although he certainly was baulked in his expecta- 
tions with the Secretary of the Navy, it does not follow that the 
public may not be influenced against me by his allegations, so 
boldly made. 

I am sure the late Secretary of the Navy, Mr. Dickerson, never 
for one moment entertained the impressions Capt. Elliott was so 
overweeningly at work to makej on the contrary, with a degree of 
feeling and kindness, highly honourable to that gentleman, and 
belonging by universal consent to his character, he immediately ex- 
tended to me the evidence of his sympathy unattended by the 
slightest token of his displeasure at my return. He received, 
officially, my report of arrival at New York, granted imme- 
diately the only request I then made, by directing Commodore 
Ridgely to receive me into the naval hospital at New York; and 
also, at my request, subsequently directed Commodore Barron to 
admit me into the Schuylkill naval asylum, and authorized the 4th 
auditor to pay my passage money; (and other expenses abroad, ac- 
cording to usage;) and finally pfaced funds in the hands of Messrs. 



22 

Baring, Brothers & Co. of London, for the liquidation of my sur- 
geon's bill, and apprised him, then in Paris, in April last. 

All this is evidence that the Honourable Mahlon Dickerson, in 
despite of Captain Elliott's charge secretly lodged with him, of 
"desertion from my station," "absconding from my station," a 
charge, as if to invite urgently, attention to it, which is thrice re- 
peated in different parts of the same letter, (14th February, 1837,) 
I say, sir, the kind course pursued by Mr. Dickerson towards me, 
for which I shall ever feel grateful, was evidence, tacit indeed, so 
far as words go, (though happily aiding in my cure,) but, if tacit, 
as strong evidence as from his official attitude he could give, tiiat he 
approved of my return. But this was not the only disappointment 
Captain Elliott met with in reference to me. I had not suffered 
enough by a penniless purse and a wasted frame, and one hundred 
and eighteen days confinement to my bed! "It was his intention 
in a court-martial to have brought me in, in connection with the 
other parties," (whom the court did nothing with, except in one 
instance,) "whom he had tried, but going home prevented it." (Let- 
ter Feb. 14, 1837.) 

Here, sir, is an acknowledgement! Here you have evidence 
strong as "proofs of holy writ," of the high-mindedness, magnani- 
mity, generous charity, and benevolence of Captain Jesse D. El- 
liott. There was something in my observation of that officer's 
character, sir, and something in my bosom, sir, which prophetically 
placed me on my guard. I confess such a course as that he has 
declared, officially, he had intended taking, had I not got out of 
his way, did not enter my thoughts — indeed I had reason from 
Mr. Offley's letter of the 2nd of September, 1 836, to think I had 
been under the ban of his severity, and received in an ex •parte 
trial, my sentence of six months suspension, (which was untrue) — 
but I did prophetically argue of his future course toward me, by 
ratiocination on the past. Hence I came from Smyrna, where he 
had never enquired after nor wrote to me, for nine months, fully 
prepared by the documents already referred to, and which are now 
on file in the Navy Department, against any sinister course he 
might in the future be disposed to institute. My discretion and fore- 
thought in this, while it shows I would not have left Smyrna, but 
with sufficient cause — shows also, that it was well that neither pe- 
nury, pain, and a forlorn condition of mind and body, involved 
any remissness in my duty to the Navy Department, in taking the 
step T did — nor produced any loss of presence of mind as to the 
individual I had, strange to say, to encounter as a moral antago- 
nist. It is time, sir, I should come to the charge, as such: ''The 
youn^ gentleman absconded from his station'^ — "iy accounts since 
received, it appears that he has deserted his station, and returned to the 
United States^' — "/ merely add, again, that this movement on the 
part of Mr. Barton, is a desertion of his station, and a direct diso- 
bedience of the express orders to him.^^ 

Sir, these are his quoted words, and they are false words. He 
never saw me for a moment after I was hurt, (but it can be proved 



23 

by Passed Midshipman James W. Cooke, that he refused to see me 
when asked to do so). He never wrote a line or a word to me, 
nor was a word, nor a line, nor a scrape of his pen in reference to 
me and my movements ever shown to me, or sent to me by any 
one, except the extract from Consul Offley's letter annexed in 
copy. 

This is all the order Captain Elliott pretends to have given me! 
Is that, sir, an express order, or is it an order at all.' Mr. Offley 
designates it "an intimation," and to him, and not to me, was it di- 
rected; as if I had not been worthy of a direct communication. It 
is a permission, which I was, by the language itself, to avail 
myself of conditionally and discretionarily. Why was I not fa- 
voured when a wide sea separated me from Captain Elliott, with a 
a formal order.' None such was ever sent me — nothing indeed 
of any kind from Captain Elliott, but the above conditional per- 
mission, for it is no more. I am quite sure, sir, in admitting as 
I do, that it is a permission — you, who know what an express order 
is, will coincide with my view of it. The wide sea separated me 
from the writer of this intimation in a private letter to his "old and 
valued friend" — yet when the Shark lay within mooring distance 
from us, and he intended me to go there, he gave me a written 
order — this is it. 

U. S. SHIP Constitution, Smyrna November 23, 1835. 
Sir: You will repair on Board the U. S. schooner Shark, and 
report to Lieutenant Commandant Ridgeway for duty. 
I am, sir, respectfully, your obedient servant, 

J. D. ELLIOTT, 
Com?g U. S. naval forces in the Mediterranean. 
Passed Midshipman C. C. Barton, 
U. S. Navy, Present. 

Therefore are his words noticed false ivords, as I have pro- 
nounced them. But, sir, had I wished ever so much to re-join the 
squadron I could not have done so, wanting both means and con- 
veyance, as is already on proof in the archives of the navy depart- 
ment (see documents transmitted to the Dept. along with my letter 
reporting my arrival from New York, bearing date Nov. 18th, 1836.) 
But, sir, I need not mince matters — I did not want to place myself 
again under his command; nor did I believe I would by my best 
friend at home, be left to the jeopardy of such a contingent durance 
and destruction of my peace of mind. Notwithstanciing this re- 
pugnance I would not have committed a breach of discipline, had 
a positive and regular order been given me, if I had possessed the 
means and the chance of a passage, of obeying it. 

Dr. Barton had already, without my knowledge or request, 
represented to Mr. Dickerson his wishes that I should not be 
left another moment under the command of an officer who could 
treat me as I had been by him treated — and the documents (July 
20th, and July 29th, 1836,) will show you, that immediately on 



21 

the receipt of his letter, Captain Elliot was ordered to send me 
home in the first public vessel returning to the United States. 

Captain Elliott reckoned without his host, when he supposed I 
would be allowed to pine, wither, starve or die under his control. 
On this point ot" desertion, I have only to repel it indignantly, sir, 
by the proofs already in the department. 

By some operation in Captain Elliott's mind, which I cannot 
undertake to point out, the probability or possibility even of an 
OFFICER'S desertion from his station may be familiar to Aim, but 
J cannot admit the possibility of an officer's desertion unless he be 
a base poltroon and a disgrace to his grade. Amongst the catalogue 
of monstrous injuries 1 have received at the hands of Captain El- 
liott, sir, not the least amongst them in enormity, is that of his at- 
tempting to put this/oi</ blot on me, who, a cripple and diseased on 
the very eve of my leaving Smyrna, which he would call my 
station, and which he would charge me secretly to the Depart- 
ment with having "deserted from," on this eve of leaving a 
place where I had many months been without a cent, living on 
the hospitality and support of the late Griffin Stith, Esq. I volun- 
teered my services to demand an explanation of the French Admi- 
ral in regard to the detention of the American brig Banian of Bos- 
ton: although I attach no consequence to this, it shows I was ready 
to do what I could, being the only American officer in port. 

Whenever it shall occur to me, sir, while in the service to be 
guilty of desertion of my station, "whether that station be in battle 
on the high seas; with any of my country's foes in steam bulwarks; 
or on rivers; or on any lake where battles may occur with the Bri- 
tish nation's subjects, be assured, sir, I will with my left sever my 
right hand, by a common axe, (for it would not deserve the kindly 
cut of a surgeon's knife,) and deposit it where the navy department 
can know it rests, as a trophy of my base mind in contest with and 
over my baser body; and furthermore request as a favour, first, 
that members of congress be called on by the natural indignation 
of chivalric men, to hold me up to the nation in scorn and derision, 
and to move that my "sword be cut from my side, my epaulet, if I 
may then wear one," trampled in the dust, "and that my spurs be 
hacked from my heels, my shield reversed for a recreant knight and 
a craven coward." But I will not be content with all these high 
minded and chivalric anathemas proceeding from the indignation ot 
Jimericans sitting and debatinji in national conclave on my mis- 
deeds. I will, in addition to all this, and in addition to the scorn 
and contempt and the despication of my countrymen, from Dan to 
Beersheba — I will ask further the favour, proceeding from any 
authority under heaven's sun, to meet a derelict and coward 
sailor's death, by being hung (shooting would be too honourable 
a death for me.) from the yard arm of a ship of war. These remarks 
are made, sir, to give you, and to let Captain Elliott see, my senti- 
ments on "desertion from my station." They may strike him as 
being severe on myself, should I ever be JUSTLY attainted with the 
abhorrent crime and contemptible misdeed he imputes to me; they 



25 

may strike hitn as badly expressed, but as I do not pretend to write 
as well as he does, nor as true to the grammar of our tongue, the 
coarseness ot my phraseology must be passed by. I have endeav- 
oured to help myself out by quotations from eloquent men's speeches 
on the abstract point, as such, — the chivalry of an officer. Sir, 
I have said a good deal on this imputation, but, sir, I cannot say too 
much. I have been carefully educated in every way; but most 
especially have I been educated since twelve years of age, when I 
received my midshipman's appointment, by one well able to direct 
nie in the ennobling sentiments of the school of chivalry, and the 
precepts of that school could not exist with me and 1 be guilty of 
such act. 

Sir, if we divide an officer's life into 1000 integrants of time, there 
will be 999 of these aggregately, during which it would be unbe- 
coming in him to be egotistic, and a remaining integrant during 
which many conspiring circumstances would render egotism not 
only expedient but imperative and right. Justice to himself, a 
desire to disabuse the public of false impressions raised up against 
him by malevolence in power, a respect for his brother officers and 
a cupidity after their good opinion, and though last not least in 
force, a sense of duty to his family, if he have one, or his relatives 
and friends — will all strike you as prominent amongst these urgent 
motives to egotism. Young as I am, sir, it has been my unlucky 
fate, that this juncture has arrived when the decimal integrant of 
time presents itself to my mind as imperiously justifying egotism. 
This is my excuse for it. Having offered it, permit me, sir, abused 
as my character and reputation as a naval officer is, by Captain El- 
liott, in the public annals of Congress, by which that abuse runs riot 
on the wide world, I claim the privilege not only of the neutraliza- 
tion I have in the preceding pages applied to his malign efferves- 
cence, but also of a further manifestation of the undeservedness on 
my part, of so much injustice in return for my simple and lawful 
complaint against Captain Elliott. Here, sir, this at manifestation in 
a contrast between my good and evil deeds during the jdtra fourteen 
years I have been in the Navy. I have been so unlucky as to have 
been engaged in two duels, in one only having given the invitation. 
I have been guilty of "striking Capt. Elliott's clerk and mutilating 
his face," because he put an insult on me that no proper spirit could 
have borne an instant unavenged. I have stabbed a mutinous man 
about to commit violence on me, in order by getting in advance of 
the execution of his intention, I might defend myself — and this 
mutinous man rebelling against me while in the performance of my 
duty — and not being a parasite, I have disdainfully refused to be the 
pliant painter of pictures to emblazon heroism, which the develop- 
ment of my mind and reflection had convinced me was a chimera, 
and the hero a phantasmagoria. This is the whole of my offence 
in the navy — "The very head and front of my offending, hath this 
extent — no more;" and all but one of these acts accrued within 
one month. During the remaining fourteen years and two months 
of my naval career, I have served under the immediate command 



26 

of twelve officers. Every individual of them, excepting Captain 
Elliott, has given me in writings, which are on tile in the Navy 
Department, — a character which I cherish, because conscious I 
deserved it: and a character I sliall aspire to preserve and enhance. 
Even Captain Elliott, sir, it can be proved, has repeatedly spoken 
of me to his officers, before I refused to paint pictures for him, in 
terms not at variance in pith with those the other commanders have 
used — and had he not held me in favourable estimation, he indubita- 
bly would not, after knowing me in the first cruise with him in the 
Constitution, have taken me in the second. Thus, sir, the account is 
balanced — and whether the preponderance of good, over bad, with 
something of impetuosity and contempt for gasconade where I saw 
it, — is not conspicuous, is left for you to determine. 

I have mentioned already, that I was amongst the few officers 
who were willing to remain on board the Constitution after her first 
cruise. At one time my private concerns, of an important nature 
to me, induced me to desire a detachment, and I wrote to the Secre- 
tary of the Navy to procure one. This letter I enclosed, as it was 
respectful to do, to Capt. Elliott: he transmitted it. The Secretary's 
letter of reply I duly received through Captain Elliott, but this letter 
not being at hand this moment, I give the words of Mr. Dickerson's 
reply from my notes, referring you to the archives of the Department 
for the fact, and the answer itself: theseare the words "as the com- 
mander of the frigate is opposed to the measure," (my leaving the 
Constitution) "the Department could not grant my request." Sir, 
does not this speak as much as a whole page of commendation from 
Captain Elliott? Had I been the quarrelsome, factious officer he 
represented me in several public letters, months afterwards, would 
he have paid me the compliment of desiring me to remain with 
him, and even by an official letter to the Department, — of inter- 
fering to prevent my obtaining a detachment? This course, all 
susceptible of proof by documents in your own Department, needs 
no comment! 

Sir, I have passed from the grade of an eleve and the boyhood 
which belongs to that grade — I have, four years past, entered into 
that which with more responsibility implies maturer years of man- 
hood — and I have done so with a fair reputation, save from the cri- 
mination of Captain Elliott: I have also assumed those responsi- 
bilities in private life, which beget a serious desire to incur no 
reproach with the world and reciprocally inspire confidence from 
the community in the motive which is the root of that desire — in a 
word, sir, I have a wife and ottspring, with a sole dependence on my 
fair fame in the service and my rise in it now that I am on the verge 
of a Lieutenancy, and hence I have sought to exculpate myself in 
your eyes, in those of congress and in the eyes of the community 
— for its eyes may fall and indeed have fallen on the published 
delinquency attributed to me. For this reason I most respectfully 
and for justice, solicit your tacit acquiescence in meetjng the as- 
sailment by a publicity of this defence, and other requisite public 
documents for sustaining it, as wide as the charges against which 



27 

they are directed may render just to myself and those dear to me. 
THEY are linked with my reputation for good or for evil, not only 
during my life, but, should duty call me sooner or later where my 
blood might flow in my country's service, they will inherit all 
the eft'ects of that reputation, of whatever stamp it may partake. 
I have the honour to be, sir. 

Very respectfully. 

Your obedient servant, 
CHARLES CRILLON BARTON. 

Passed Midshipman, U. S. N. 
Hon. James K. Paulding, 

Secretary of the Navy. 



28 



Extracts from Regulations for the Government of Commanders 
and Pursers of the vessels of the United States, and Recruiting 
Officers, from J. C. Pickett, Esq. 4th Auditor, and .Albion K. 
Paris, 'S.nd Comptroller of the Treasury. ..Approved, and ordered 
to be strictly conformed to, by Mahlon Bickerson, Secretary of 
the Navy, January 6, 1838. 

"For all payments in advance of the amount of pay then due, as 
aulhoiized by the Regulations of the Navy, the writteyi order of' the 
commander of the vessel, or his superior in command, must be pro- 
duced." 

"For payments in advance, or for any other object, when not 
specially authorized by law, or the Regulations of the Navy, the 
written order of the commander of the vessel, or his superior, a 
copy of the letter of the Purser to the officer giving the order, re- 
spectfully calling his attention to such want of authority, and a 
reiteration in writing of the order must be proved. The Purser will 
then be exonerated, and the commanding officer held accountable 
for his order.'' 



[The following designates the kind of witness for payments of 
money by Pursers — the usage, immemorially, is for the same kind 
of witnesses for all transactions requiring attestation.] 

"The final receipts for the payments of the balances due and 
paid by the Purser, at the time the Pay Roll is made up, should be 
taken in a Receipt Roll, which will contain the appropriate columns 
foi- the names, numbers, rank, or rating, and balances due, which 
must be filed up in uwrds at length: one for the signatures of the 
per.sons paid, and another for the signature of the witness to the 
final payments; who must always be either a commissioned or war- 
rant officer, one of whom must be always present at the Pay Table 
while paying oti'." 



29 



(Deposition of Francis Sagee.) 
[Document A.] 

Philadelphia, 25th February, 1839. 
I hereby voluntarily state, that a short time before Mr. Charles 
Crillon Barton, a passed midshipman in the navy, left the frigate 
Constitution to join the schooner Shark, the following occurrence 
took place between Mr. Barton and a man whose name I believe 
was George Dennett, (who was shortly after drowned in the har- 
bour of port Mahon,) who was, at the time alluded to, a sweeper of 
the gun deck, of which deck Mr. Barton was master's mate, viz: 
Mr. Barton came on the forecastle, and I heard him order the man 
below, that is to the gun-deck. The man refused to go perempto- 
rily — when Mr. Barton took hold of his collar or sleeve, or shoulder, 
and turned him towards the hatch: that is, turned him round to- 
wards the hatchway, reiterating his order to go below. The man 
resisted, and told him "he would not go." He had a broom in his 
hand, or picked one up, I cannot recollect precisely which. In a 
threatening manner he refused to obey Mr. Barton's second order 
to go below, who, in my opinion, had the right of ordering him 
below. His gestures were threatening to Mr. Barton, and Mr. B. 
drew a pocket dirk from the inside of his coat pocket, and stabbed 
the said Dennett in the thigh. The man, 1 believe, walked away. 
The said Dennett had plenty of time to walk or run away from Mr. 
Barton, for it took some time for him to take his dirk out of his 
pocket, and Dennett certainly knew Mr. Barton was about to draw 
a weapon of some kind, for he, Mr. Barton, said hastily, two or three 
times after his, (Dennett's,) refusal to obey his order to go below, 
"you won't, won't you; you won't, won't you.^" or words to the 
effect of these. I think gunner Riley was standing by, but of this 
I am not certain. Mr. Barton was not, by any means, in what is 
called a passion, but was evidently irritated at the man's disobey- 
ing his order, and several times refusing so to obey. The gestures 
of the man being threatening, I considered also tended to produce 
this irritation. Of all this, I was an eye witness and ear witness, 
and have stated what I saw and heard clearly and distinctly; be- 
cause I was so situated in relation to the parties, that I could dis- 
tinctly see and hear. I heard nothing whatever of the man's re- 
monstrating with Mr. Barton, by saying, <'if I have done wrong 
take me to the officer of the deck, to be punished," or any words 
like or to the eft'ect of these, nor indeed did I see or hear any thing 
but obstinate and refractory disobedience, with threatening gestures 
accompanying it. I know nothing further of the affair, except that 
for this act, Mr. Barton was suspended, which I consider the pu- 



30 

nishment for dirking in this case. Given under my proper hand the 
date before written. 

The words "/ believe,'''' being interlined in the twenty-fifth line 
on the 1st page. 

(Signed,) FRANCIS SAGEE, 

Carpenter, U. S. Navy. 
City of Philadelphia, ss. 

1 Samuel Badger one of the Aldermen of the city of Philadel- 
phia, do certify that on the 26th day of February, 1839, appeared 
personally before me Francis Sagee, carpenter in the service of the 
United States, and made solemn oath on the Holy Evangelists of 
Almighty God, to the truth of the foregoing statements by him sub- 
scribed. Witness my hand and seal this 26th February, 1839. 
(Signed,) 

S. BADGER, Alderman. 
City of Philadelphia, ss. 

Be it known, that I, Edward Hurst, of said city, Notary Public, 
do hereby certify and attest, that the foregoing instrument of writ- 
ing is a true and correct duly compared copy of the original depo- 
sition (of which it purports to be a copy,) of Francis Sagee, car- 
penter United States navy, dated the twenty-sixth day of February, 
A. D. , 1839, taken before and attested by Samuel Badger, Esq., 
one of the Aldermen of the city of Philadelphia, whose signature is 
to me well known. 

In testimony whereof I have hereunto set my hand and affixed 
my notarial seal, this twenty-seventh day of February, A. D. 1839. 
. EDWARD HURST, Notary Public. 

[Document B.] 
[It would be needless for information of the Navy Department to 
present any testimonials of the standing of Mr. Sagee, but as the 
public is not presumed to know any thing of him, and as his testi- 
mony is at direct variance with that presented by Captain Elliott 
to inculpate me, it has been deemed just to myself to add the fol- 
lowing:] 

New Haven, Sth March, 1839. 

Dear Sir: Your letter of the 4th instant, requesting to know 
what character Francis Sagee, carpenter, bore on board the Consti- 
tution, has just been received. 

The character of Mr. Sagee, so far as it ever came to my know- 
ledge, was good in every respect; and I consider him a very supe- 
rior man in tlie station he filled. 

I am, in haste, your obedient servant, 
(Signed,) W. BOERUM, U. S. Navy. 

To Charles C. Barton, Esq. U. S. Navy, 

Testimonials similar to the above, and equally strong, are in my 
possession from Mr. Charles G. Fleming, Mr. James W. Cook, 
Mr. Edward C. Anderson, William S. Ringgold, &c. all of the 
navy. C. C. B. 



31 

[Document C] 
U. S. SHIP Warren, Norfolk, Va., March 3, 1839. 
Sir: In answer to your letter, I have to inform you that the ar- 
ticles furnished you from the Hospital Department of the U. S. 
schooner Shark, and left for your use at Smyrna, according to my 
recollection, were the following to wit: one bed pan, one pewter 
urinal, an India-rubber sheet, a few yards of coarse muslin for 
bandages, and a tourniquet. 

These articles, I presume, could have been furnished from the 
Hospital Department of the United States frigate Constitution, but 
as they were of but little value, I preferred purchasing others for 
the use of the schooner. 

As I discover my name has been brought before the public in 
your affair with Commodore Elliott, I deem it necessary in justice 
to yourself, to express my unqualified disapprobation of the manner 
in which you were thrust out of the Constitution, smarting under 
a dangerous and complicated wound, aggravated by outraged feel- 
ings, and in jeopardy of life — and that too into a place scarcely 
tolerable to the robust and healthy. 

This was done likewise in violation of the rules observed to- 
wards the sick when in charge of the surgeon — rules, by which 
only, they can be protected, when helpless and in misery. 
In haste, yours, &c. 
(Signed,) DANIEL EGBERT, M. D. 

Surgeon U. S. Navy. 
To Charles Crillon Barton, 

Passed Midshipman, U. S. Navy. 

[Document D.] 
U. S. SHIP Warren, Norfolk, Va., March 8th, 1839. 
Dear Sir: In answer to your letter of the 6th instant, calling 
on me for certain information respecting the aff"air between Com- 
modore Elliott and Passed Midshipman Charles C. Barton, I have 
to state — that Lieut. Com. Ridge way, commanding the U.S. schooner 
Shark at Smyrna, stated on the quarter-deck ol the schooner, im- 
mediately after coming from the Constitution, that he had informed 
Commodore Elliott that there was "ill-blood," or a quarrel between 
Passed Midshipman Barton and Passed Midshipman Wood; and 
that if Mr. Barton should be transferred to the Shark, it would 
probably result in a duel, (or words to that effect.) But he (Lieut. 
R.) said it would do no good, for the old commodore was deter- 
mined to send him, (or words to that effect.) Lieutenant Brent re- 
collects the remarks of Mr. Ridgeway, and I think Lieut. Totten. I 
was present and heard them. Lieut. Com. Ridgeway was at that 
time labouring under a disease which manifestly impaired his me- 
mory; and as his letter to Commodore Elliott, mentioning this sub- 
ject, was written more than one year after, I am not surprised 
that he committed an error in relation to it. In regard to the letter 
received from me and published by Commodore Elliott, I have to 



32 

remark, that I had Commodore Elliott's assurance that it was not 
for publication, and as some naval officers, and perhaps others, 
have viewed it as ex parte, because it does not contain all the facts 
in the transaction, I must state in self-justification, that it contains 
nearly all those that came immediately under my observation. Al- 
though I abhor the act of Com. Elliott in sending Mr. Barton from 
the Constitution to the Shark in the manner in which it was done, 
or in any manner whatever, as much as any one, (except Mr. Bar- 
ton himself, who verily was made to feel in every sense of the word,) 
yet that transaction took place while I was at Smyrna, and before 
I saw Mr. Barton after being wounded. 

One word as to my opinions expressed in that letter. They do 
not justify, in any sense of the word, his (Mr. Barton's) removal 
from the Constitution to the schooner Shark; but mean, if rightly 
construed, if the proper time had been selected, under the direc- 
tion of the surgeon, he might have been removed from the Consti- 
tufioti to Smyrna without most of the evils consequent to such 
removals. I do not know what Dr. Boyd's opinions are on this sub- 
ject, as no such removal took place. But I will take this opportu- 
nity to remark, that I have a high opinion of his professional opi- 
nions, and the highest esteem for him as an officer and a gentleman. 
As to what transpired in this affair after we left Smyrna, (January 
5, 1836,) I have no knowledge. 

1 am, sir, yours, very truly, 
(Signed,) DANIEL EGBERT, 

Surgeon U. S. ship Warren. 

To Dr. Wm. p. C. Barton, 

U. S. Navy, Philadelphia. 

[Document E.] 

[This document was missing from the series sent to congress, 
and a copy of the notarial copy was sent to the Honourable Charles 
Naylor, chairman of the committee of investigation, at his request.] 

U. S. SHIP Constitution, Gibraltar Bay, January 31, 1836. 
Dear Sir: I promised Midshipman Barton to inform you by the 
first opportunity of his condition. We left him at Smvrna on the 
5th inst. doing well in every respect. The ball wound had healed, 
the counter opening which was made for the extraction of the ball, 
was still discharging. The only obstacle to a speedy recovery was 
a fragment of the tibia, which was exfoliating, but not sufficiently 
detached to be removed by incision. This fragment had been put 
in its place at the first dressings, and I believe would have united 
as did the others, had not Mr. Barton been subjected, against my 
urgent remonstrance, to two removals. The ball traversed the tibia 
in its upper third, fracturing it transversely, and splintering it longi- 
tudinally, and lodged posterioily to it in the gastrocnemii. The 
entrance of the ball being on the front could not give vent to the 
discharge, and I therefore cut down to the ball, removed it and 
dressed the incision, so as to heal it by the first intention if nature 



33 

should consolidate the bone without producing any suppuration in 
the soft parts, or to serve as an outlet against any accumulation 
that might form in the inflammatory stage. The sloughs were 
thrown oft" favourably, no accidents occurred. The tibia had con- 
solidated with the exception of the above mentioned fragments. 
The surgeon under whose charge I left him, perceived the necessity 
of removing it by incision as soon as a slight sore throat which Mr. 
Barton laboured under, subsided. After the treatment Mr. Barton 
received from Commodore Elliott, I could not urge his coming on 
board this ship, and I insisted on his not being sent to the Shark. 
To leave him in Smyrna was his own request. 

I am, with great respect, vour obedient servant, 

THOMAS J. BOYD. 
Dr. Wm. p. C. Barton, 

Surgeon United States Navy. 

City of Philadelphia, ss. 

Be it known that I, Edward Hurst, Notary Public for the Com- 
monwealth of Pennsylvania, duly commissioned and sworn, resid- 
ing in the city of Philadelphia, do hereby certify and attest, that the 
above and foregoing instruments of writing hereto annexed, are true 
and correct copies of two original letters (to me produced,) ad- 
dressed to Dr. William P. C. Barton, U. S. Navy, Philadelphia, 
one from Thomas J. Boyd, dated U. S, ship Constitution, Gibraltar 
Bay, January 31, 1836, and the other from William S. Ringgold, 
dated Smyrna, December 5, 1835; the said copies having been by 
me compared with the originals, and found to be correct. 

In testimony whereof, I have hereunto set my hand and affixed 
my notarial seal, this nineteenth day of March, A. D., eighteen 
hundred and thirtv-six. 

EDWARD HURST, Notary Public. 



[Document F.] 

[Reply to Surgeon William P. C. Barton's letter to the Honoura- 
ble the Secretary of the Navy of the date of March 20th, 1836, 
which letter is printed in the documents of the House of Repre- 
sentatives of the United States of the 12th of February, 1839.] 

Navy Department, 22nd March, 1836. 
Sir: In answer to your letter of the 20th instant, I have to state 
that on receiving information from Commodore Elliott, that he had 
caused Passed Midshipman Barton and others concerned in the 
duel between him and Midshipman Wood to be arrested and that 
they would continue under arrest until the pleasure of this Depart- 
ment was known, I immediately, by letter of the 27th of February 
last, wrote to Commodore Elliott in these terms: "In the case of 
the duel between Passed Midshipmen Wood and Barton, no action 

K 



34 

of this Department is necessary, as you possess full power to dis- 
pose of the case." 

If he keeps these young gentlemen under arrest longer than it 

may be necessary for the purposes of justice, and a fair investiga- 

tioti of the case, it must be on his own responsibility. He will, 

I doubt not, immediately dispose of the case on receiving my letter. 

I am, with great respect, your obedient servant, 

(Signed,) 

M. DICKERSON. 
To Dr. Wm. p. C. Barton, 

United States Navy. 

(Document G. ) 

Navy Department, July 29, 1836. 
Sir: Your letter of the 22nd instant was duly received. 
On the 20th of the present month a letter was addressed to your 
son, Passed Midshipman Barton, of which I have now the pleasure 
of enclosing you a copy for your information. 

On the 25th instant, on the receipt of your favour of the 22nd, 
Commodore Elliott was directed to transfer your son to the first 
public vessel returning to the United States. 

I am, respectfully, your obedient servant. 

(Signed,) JOHN BOYLE, 

Acting Secretary of the Navy. 
To Dr. Wm. P. C. Barton, 

Surgeon U. S. Navy, Philadelphia. 



(Document H.) 

Navy Department, July 20, 1836. 
Sir: Your letter of the 8th April last has been received. In 
reply I have to inform you that the squadron to which you are 
attached is not recalled. The leave of absence you desire may not 
therefore be necessary, and besides Commodore Elliott, the com- 
mander of our naval force in the Mediterranean, has full power to 
do in your case whatever your situation requires. 

I am, respespectfully yours, 
(Signed,) JOHN BOYLE, 

Acting Secretary of the Navy. 
Passed Mid. Chas. C. Barton. 

U. S. Navy, Smyrna, care of Commodore Elliott, 

Commanding Mediterranean Squadron. 

Report to the Navy Department. 

[Document L] 

New York, November 18, 1836. 
Sir: I have the honour to inform you of my arrival at this port 



35 

in the scliooner Hero of New Orleans, 52 days from Smyrna, From 
illness, I have been detained in that city since the 5th of January 
last, at which period Commodore Elliott left for Gibraltar. At the 
time of his departure, no orders were issued in the event ol my 
recovery, and until the 28th of August last, I never heard a 
word of the squadron. It was through a letter from Mr. Offley, 
our consul at Smyrna, dated August 28th, (and which is enclosed, 
marked No. 1,) that I received a message from Commodore 
Elliott, saying, that if I were "in a state to join my vessel I 
could meet her at Malta early in October. Commodore Elliott 
does not, however, give me an order to proceed to Malta, but leaves 
it, as you will perceive, in a degree optional with myself. The 
severe and protracted suffering which I have undergone, has consi- 
derably impaired my constitution and rendered me heretofore inca- 
pable of joining eitiier the s(|uadron or my country, and 1 hope, sir, 
that the following reasons will at once be sufficient to justify my 
return with you. 

First. The three surgeons who attended me thought it impru- 
dent to wander from place to place, the cavity in my leg being 
nearly one inch deep, and the new bone formed, extremely tender. 
They recommended for my recovery the climate I was most accus- 
tomed to; and pronounced me incapable for duty for twelve months 
hence. In support of wiiicli allow me to refer you to the enclosed opi- 
nion of the Surgeons of H. B. M. ships Tribune and Favourite, 
marked No. 2, as well as that of my constant Surgeon V. L. Mar- 
purgo, of Smyrna, marked No. 3. 

Secondly. There had been no opportunity for some months prior 
to the receipt of Mr. Offley's communication, and was none at the 
time of my sailing, 25 days after, nor was any expected shortly to 
occur, so that it would have been an impossibility for me to reach 
Malta, and ride out the quarantine of 21 days by the time nien- 
tioned in Mr. Offley's letter. In support of which I refer you to 
the enclosed certificate from Mr. Offley, marked No. 4. 

Thirdly. I did not possess tlie means of reaching Malta, even 
had an opportunity offered, Commodore Elliott having left no "bill 
of credit," or sent any order for pay since the 31st of last March, 
from which time I have been without one cent, in a foreign coun- 
try, with a broken and sliattered limb, entirely destitute of friends 
and acquaintances, save those I made while there. In support of 
which, sir, I refer you to the enclosed certificate froni Grifiin Stith, 
Esq. merchant of Baltimore, at Smyrna, marked No. 5. 

Subsisting as I was on the generosity of a single countryman — 
daily incurring debts, which the unhappy state of my leg rendered 
necessary, and which I was unable to pay, and would have been 
unable to pay till the arrival of the squadron next year, together 
with tjje certificates and opinions enclosed, will, I trust, sir, oblite- 
rate any blame you might impute to me for leaving Smyrna. 1 wrote 
Commodore Elliott my intention. Allow me, therefore, respect- 



36 

fully, to solicit permission to enter the Naval Hospital at this place 
until my leg be cured. 

I am, sir, respectfully, your obedient servant, 

CHARLES CRILLON BARTON. 

Hon. Mahlon Dickerson, 

Secretary of the Navy, Washington. 

(No. 1.) 
U. S. Consulate, Smyrna, 28lk Jugust, 1836. 
Dear Sir: I have received a letter from Commodore Elliott, 
dated August 21, in which he mentions that the scliooner Shark will 
be at Malta early in October, and adds "should Mr. Barton be in a 
state to join his vessel, he can meet her there." 

Yours, respectfully, 
(Signed,) DAVID OFFLEY, U. S. Consul. 

C. C. Barton, Esq., U. S. Navy. 



(No. 2.) 

(Certificate of unfitness for service for twelve months at least, from 

Surgeons Evans and Martyn, of the British Navy.) 

We have been in attendance on Mr. Charles C. Barton, passed 
midshipman of the United States Navy, for several months; he re- 
ceived a gun shot wound in the upper part of the right leg, causing 
a comminuted fracture of the tibia, and very considerable exfolia- 
tions of the bone. After long protracted suffering, and with much 
difficulty, the limb has been preserved. The wound is not yet 
healed — another exfoliation is now coming away, and we consider 
him in such a state as to incapacitate him, at least for a year, for 

SGl'ViCG* 

(Signed,) OLIVER EVANS, 

Surgeon H. B. M. ship Tribune. 
PATRICK MARTYN, 
Surgeon H. B. M. ship Favourite. 
Smyrna, Sept. IS, 1836. 



[No. .3.] 

(Copy of Dr. Marpurgo's certificate.) 

I, the undersigned, declare that I attended Mr. Barton, officer in 
the United States Navy, on account of a wound received from a 
ball in the right leg, from the 5th day of January, 1836, to the ITth 
September. His wound not only endangered his leg but also his 
life, and the tibia having been fractured in several parts, and va- 
rious fragments of the bone having been separated therefrom, I was 
obliged to make several incisions in order to extract them. He may 



37 

consider the leg as saved, and may even count upon the use of it; 
but as it had suffered much, and the consolidation of the fractures 
being still in a tender state, so that the action thereof is not yet 
quite free, and as there is still a diseased portion of the bone to be 
separated, I recommend Mr. Barton to remain wholly quiet for the 
present, and I do believe he will not be in a state to enter on the 
duties of his profession before another twelve months. 

(Signed,) V. L. MARPURGO, M. D. 

Smyrna, September 17th, 1836. 

I, David Offley, vice consul of the United States, do hereby cer- 
tify that the foregoing declaration is signed with the proper signa- 
ture of V. L. Marpurgo, well known to me as an eminent physi- 
cian of this city. 

In testimony whereof, I have hereunto set my hand 
and affixed the seal of office, at Smyrna, this 
nineteenth day of September, 1836. 
(Signed,) DAVID W. OFFLEY. 



(Certificate No. 4.) 

U. S. Consulate, Smyrna, IGlh Sept. 1836. 
At the request of Mr. C. C Barton of the United States Navy, 
I do hereby certify, that since the reception of the letter addressed 
me by Commodore J. D. Elliott, dated 21st August last, there has 
not been to my knowledge or belief any direct opportunity from this 
to the island of Malta — and upon inquiry I do not learn that any is 
expected shortly to occur. 

(Signed,) DAVID OFFLEY, Consul. 



(Mr. Stith's certificate. No. 5.) 

At the request of Passed Midshipman C. C. Barton of the U. S. 
Navy, I state that he has been living in my house for the last six 
months, and to my knowledge does not possess the means of pro- 
ceeding to Malta in time to meet the U. S. schooner Shark. 
(Signed,) GRIFFIN STITH, of the house of 

J. S. SAVIRDENS, STITH & Co. of Smyrna, 
Smyrna, 16th September, 1836. 



[^Document K.] 

BoujAH, Asia Minor, August 29, 1836. 

Dear Sir: Yours of the 28th instant is received. Please inform 

me, if you possess such information, what punishment has been given 

me? whose decision? Whether there is any stoppage or difference 

in pay, and return me the bill of credit left in your hands by Purser 



38 

Fauntleroy. I will be glad to receive your advice as to my future 
movements. 

Respectfully, your obedient servant, 
(Signed,) CHARLES CRILLON BARTON, 

United States Navy. 
To David Offley, Esq. 

United States Consul, Smyrna. 



Smyrna, September 2, 183G. 
Dear Sir: The only information I have relative to the subject of 
your inquiry is, that you had been suspended for six months. You 
request me to return you the "bill of credit" left in my hands by 
Purser Fauntleroy. I have no other bill of credit than a note from 
Mr. F., which states, "Mr. Barton of this schooner has been left in 
this city, and his pay has been given him by me to the 1st of April 
next; if after that period he should still remain ill, or detained in 
this city, his bills on me for his pay after the above date I bind my- 
self to accept and pay at the rate of $750 per annum. 

D. FAUNTLEROY, 

Purser United States Navy. 

This note was directed to me. The intimation from Commodore 
Elliott that the Shark will be at Malta early in October, when you 
could join her if your health permits, points out, in my opinion, 
what would be best for you to do; and that you might have such 
opinion of Commodore Elliott, for your government, induced me to 
write you the letter of the 28th, as explained to Mr. Stith. 

Yours, respectfully, 
(Signed,) DAVID OFFLEY. 

Charles Crillon Barton, Esq. 



[Document L.] 

BoujAH, Sept. 3d, 1836. 

Dear Sir: My health is sufficiently recovered to proceed to the 
United States, and it will be well for me to do so as soon as possi- 
ble, particularly as I have received no positive order from Commo- 
dore Elliott to join the Shark — moreover my expenses are daily in- 
creasing, and the improbability of a letter reaching the squadron is 
becoming more serious. I have no other recourse left me, sir, but 
that of applying again to you, and urging the necessity of your ac- 
cepting that "note" or bill of credit, and I am sure to all intents 
and purposes it is a bill of credit, binding a purser in the navy to 
accept and pay my drafts on him at the rate of S750 per annum. 

Purser Fauntleroy in directing this "note" or bill of credit to you, 
sir, felt positive by doing so, 1 should experience no difficulty in 
procuring the needful as it became due. Your official capacity no 
doubt induced him to act thus, and had you intended to refuse me 



39 

pay, or in a word protest his note, it appears to me you should have 
told him so, in order that I might have been supplied elsewhere. 
You have already been kind, sir, and I assure you, had I the most 
distant hope of aid from others, or the ability of working my passage 
home, I should not importune you. If you refuse this "note," or 
my drafts for pay up to the 1st of this month, deducting $135 al- 
ready received, you can imagine my situation, and one more truly 
embarrassing no man can well be in. You will oblige me by a 
final answer. Plane sailing — yes or no. 
Yours, respectfully, 
(Signed,) CHARLES CRILLON BARTON, 

Passed Midshipman U. S. Navy. 
To David Offley, Esq. 

United States Consul, Smyrna. 

[Document M.] 
(This letter was left in the care, and was by Mr. Stith duly for- 
warded.) 

Smyrna, September 17, 1836. 
Sir: I have received a letter from Mr. Offley, dated August 28th, 
in which he mentions the receipt of a communication from you, 
stating that the U. S. schooner Shark will be at Malta early in Oc- 
tober, and "should Mr. Barton be in a state to join his vessel he 
can meet her there." I am "not in a state to join my vessel," nor 
have I the means to do so, as you must be aware of. I therefore 
inform you that I shall proceed to the United States, having 
been pronounced unfit for duty for one year to come by Dr. Mar- 
purgo, of Smyrna, and the surgeons of H. B. M. ships Tribune 
and Favourite. 

I am, respectfully, sir, your obedient servant, 
(Signed,) CHARLES CRILLON BARTON, 

Passed Midshipman U. S. schooner Shark. 
Com. J. D. Elliott, 
Com'g U. S. Naval forces in the Mediterranean. 

[Document N.] 

Navy Department, 2M June, 1838. 
Sir: I have to inform you in answer to your letter of the 21st 
instant, that Dr. Marpurgo, who attended Passed Midshipman Bar- 
ton during his illness at Smyrna, had authority under date of 30th 
April last, to draw on Messrs. Baring, Brothers & Co. of London, 
for one hundred dollars, which was the amount claimed by the Dr. 
for his services, as appears from his letter to this Department, 
dated at Paris, 22nd of March last. 

I am, very respectfully, your obedient servant, 
(Signed,) M. DICKERSON. 

Dr. Wm. P. C. Barton, 

Surgeon U. S. Navy Yard, Philadelphia. 



40 

Smyrna, Asia Minor, \^th Sept. 1836. 
Sir: At sight please pay to the order of Mr. Griffin Stith, two 
hundred and eighty-five dollars for value received, and charge the 
same to account of pay due me from 31st March last to 16th ult. 
Since the 51st March, I have not received any pay. 
$285 (Signed,) CHARLES CRILLON BARTON, 

Passed Mid. U. S. schooner Shark. 
To James C. Pickett, Esq. 

4th Auditor Treas. Dept. Washington, D. C. 

Dear Sir: The month having again gone round, I am under the 
necessity of requesting you to give Mr. Stith, $35. In my last note I 
mentioned something about the rate of pay, &c. which was intended 
only to show you, as you are unacquainted with my means at home, 
that I was not getting money from you which it was out of my 
power to return. I hope, sir, that the air of Bournabat has entirely 
restored you to health. 

I am, sir, very respectfully, your obedient servant, 

CHARLES CRILLON BARTON. 
David Offley, Esq. U. S. Consul. 
June Qnd, 1836. 

Dear Sir: I must again trespass on your kindness, by request- 
ing the month of April's pay, according to the rate Purser Fauntle- 
roy mentioned, viz: $750 per annum, deducting the ^\9 which you 
haVe already been so kind as to advance me. Young Mr. Stith will 
deliver this, and await the answer. * 

Your obedient servant, 
(Signed,) CHARLES CRILLON BARTON. 

David Offley, Esq. U. S. Consul. 
Monday morning. May 2, 1836. 

Navy Department, 31s/ November, 1836. 
Sir: Commodore Ridgely is hereby authorized to admit you into 
the Hospital at New York, as requested in your communication of 
the 18th instant. 

I am, very respectfully, 
(Signed,) M. DICKERSON. 

Passed Midshipman C. C. Barton, 

U. S. Navy, New York. 



Navy Department, 24//j November, 1836. 
Sir: You will be pleased to admit Passed Midshipman Barton 
into the Asylum at Philadelphia until you shall receive further 
orders on the subject from this Department. 

I am, very respectfully, 
(Signed,) M. DICKERSON. 

To Commodore James Barron, 

Commanding Navy Yard Station, Philad. 



41 

[Document O.3 

Navy Department, June 29, 1838. 
Sir: Your letter of the 25th instant, in relation to the charges 
which you are disposed to prefer against Commodore Elliott, is 
received and placed on file. 

I am, respectfully, yours, 
(Signed,) M. DICKERSON. 

Passed Midshipman Chas. C. Barton. 

U. S. schooner Experiment, New Haven, Connecticut. 

[Document P. Comprising 15 Testimonials.] 

(From Captain Gallagher of the Navy, then commander of the sloop 
of war Vandalia.) 
U. S. SHIP Vandalia, Rio Janeiro, Sept. 2nd, 1830. 
Sir: As I am about to return to the United States as a witness 
in the trial of Commodore Creighton, it affords me some pleasure 
on such occasion to state, that since you have been under my com- 
mand on board of this ship, your conduct and attention to duty 
have been to me satisfactory. Your moral character is good so far 
as has come to my knowledge. Wishing that you may rise in your 
profession, 

I am, with esteem and regard, vou obedient servant, 
(Signed,) JOHN GALLAGHER, 

Mid. Charles Crillon Barton, Present. 



(From Captain A. Claxton of the Navy, then late commander of 
the sloop of war Hornet, 18 guns — now Commodore of the Pa- 
cific squadron.) 

Baltimore, Sept. 24, 1831. 
Gentlemen: Midshipman Charles C. Barton served under my 
command on board of the Hornet for the space of one year. His 
conduct, at that early period of his life, was so exemplary that I ap- 
plied for and obtained his warranty and I find great satisfaction in 
learning from various sources, that my anticipation of his useful- 
ness has been more than realized. 

I am, sirs, your most obedient servant, 
(Signed,) ALEXANDER CLAXTON. 

To the Board of Examination of Midshipmen. 

(From Captain Cassln of the Navy, then late commodore of the 
Brazil squadron, Flag-ship frigate Hudson, 64 guns.) 

Georgetown, Sept. 28, 1831. 
Gentlemen: Midshipman Charles C. Barton is an amiable and 



42 

intelligent gentleman, and has the necessary abilities for making an 
able officer. He was about twelve months aboard the Hudson, 
during which time his conduct met my approbation. 

Very respectfully, 
(Signed,) ^ S. CASSIN. 

To the Naval Board of Examiners. 



(From Captain Gallagher of the Navy, then commander of the 
sloop of war Vandalia, 24 guns. 

New York Navy Yard, October 3, 1831. 
Gentlemen: I feel it my duty, and it aiFords me great pleasure, 
in testifying to the good conduct of Midshipman Charles C. Barton; 
he served under my command on board the sloop Vandalia on the 
coast of Brazil nearly two years, (from which ship he was removed 
to the frigate Hudson,) — he conducted himself in the most gentle- 
manly manner. His morals are unexceptionable, and he was trust- 
worthy in the discharge of his duty; in all respects I consider him 
a young officer of great promise. 

Respectfully, I am, gentlemen, your obedient servant, 
(Signed,) JOHN GALLAGHER. 

To the Board of Examiners for Midshipmen. 



(From Mr. Roche, now Professor of Mathematics in the Navy.) 

Mr. Charles C. Barton, Midshipman in the United States Navy, 
has studied navigation of me with singular assiduity and success. I 
have much pleasure in stating, not only that he is now a well finished 
navigator, but further that he possesses a very superior knowledge 
of the most difficult parts of the science. It is but justice for me 
to add, that his conduct as a gentleman during the period of his 
study, does him a vast deal of credit. 

(Signed,) MARTIN ROCHE, 

Teacher of Mathematics, 
S. W. corner of 5th and Walnut sts. 
Philadelphia, 27th Feb., 1832. 



(From Mr. Robinson, Teacher of Mathematics on board the sloop 
of war Peacock.) 

U. S. SHIP Peacock, Boston Harbour, March 1, 1832. 
1 herein certify that Charles C. Barton, Midshipman U. S. Navy, 
was under my private instruction in Mathematics, shortly after his 
return from sea in the Hudson frigate. I take pleasure in stating, 
that while he was under my professional care, his progress was gra- 
tifying to me and creditable to himself. I found him not wanting 
in ability, regular in his attention to study, assiduous and ambi- 



43 

tious, and I may further add his manner and moral deportment 
wholly unexceptionable. 

(Signed,) HORATIO N. ROBINSON, 

Teacher of Mathematics on board the Peacock. 
To the Hon. Board of Examination of Midshipmen of the U. S. 
Navy, to be convened at Baltimore, 1832. 



(From Commodore Barron, then commanding Navy Yard, Phila- 
delphia.) 
Navy Yard, Philadelphia, March 2, 1833. 
Gentlemen: I take great pleasure in informing you that Mid- 
shipman Charles C. Barton has been under my command for the 
last six months, during which he has been assiduous in pursuing 
his studies preparatory to his examination. His conduct from the 
best information of officers, has always been that of a gentleman; 
and from my own observation, 1 have no hesitation in statinjj that 
he is a very accomplished young gentleman, and well acquainted 
with his profession. 

I am, gentlemen, with great respect, your obedient servant, 

(Signed,) JAMES BARRON. 

To the President of the Board of Examiners, Bait., Md. 



(From [now] Commander Mervine of the Navy.) 

U. S. Schooner Experiment, Norfolk, May 3d, 1833. 
Sir: In answer to your letter of the 15th instant, I take great 
pleasure in testifying to your good conduct and gentlemanly de- 
portment whilst under my command, and recommend you to the 
Board of Examiners as one who, for strict moral habits, attention 
to duty and respectful compliance with orders, has no superior. 
Respectfully your obedient servant, 
(Signed,) WM. MERVINE, 



Mid. Chas. C. Barton. 



Lieutenant Commanding. 



(From Lieut. Commanding M'Cluney, then commanding Flag ship 
receiving vessel, Franklin 74.) 
U. S. Flag ship Franklin, New York, May 13, 1833. 
Dear Sir: In reply to your letter asking my opinion of the cha- 
racter, conduct and moral habits of Midshipman Barton, v/hile 
under my command, I have to inform you that he only messed on 
board the Franklin, and not under my command. I had frequent 
opportunities, however, of seeing Midshipman Barton and observ- 
ing his conduct, and it aftbrds me pleasure to say that it has been 
uniformly correct, as far as my knowledge of him extends. His 



44 

moral character I believe is excellent, and I am informed that he 
attended strictly to his duties at the Naval School on this sta- 
tion. 

Very respectfully, vour obedient servant, 
(Signed,) " WM. P. M'CLUNEY, 

Lieutenant Commanding. 
To Dr. Barton, U. S. Navy. 

(From Commodore Chauncey of the Navy, then commander of the 
New York Navy Yard, now President of the Board of Navy 
Commissioners.) 

U. S. Navy Yard, New Yorh, May 13, 1833. 
Sir: At the request of Dr. Barton, 1 state that during the short 
period that his son. Midshipman Charles C. Barton was at the Naval 
School on this station, his conduct (so far as came to my know- 
ledge,) was correct and proper, and I believe that his moral habits 
are good. 

I have the honour to be, very respectfully, sir, your obedient 
servant, 

(Signed,) I. CHAUNCEY. 

Commodore Jacob Jones, 
President of the Board for Examination of Midshipmen, Bait. 

(From Edward C. Ward, Professor of Mathematics in the Navy, 
and then Teacher of the New York Naval School.) 

This is to certify, that Midshipman Charles C. Barton was a 
student at the Naval School on this station from the I6th of No- 
vember, 1832, to the 18th April, 1833, and that during this time 
his conduct was good; and from my own observation, as well as 
from report, his moral habits and character were irreproachable. 

EDWARD C. WARD. 

U. S. Navy Yard, New York, May 20, 1833. 

(From Captain Henley of the schooner Experiment, then late Com- 
modore of the West India squadron, Flag-ship the Vandalia.) 
U. S. SCHOONER Experiment, off Pemacola Navy Yard, Jan. 18, 1834. 
Sir: It attbrds me great gratification to be able to say, that your 
conduct while on board the Flag-ship Vandalia has been such as to 
meet my entire approbation. As you are about leaving my com- 
mand for your examination, I beg to tender you my best wishes 
that you may succeed in passing the ordeal you are about to meet 
with honour and credit to yourself. 

Respectfully, 
(Signed,) J. D. HENLEY. 

CiiAs. C. Barton, 

Midshipman, U. S. Navy. 



45 

(From [now] Commander Mervine, then commanding the schooner 
Experiment.) 
U. S. SCHOONER Experiment, Norfolk, May 6, 1833. 
Sir: In reply to your letter of the 1st instant, I would inform 
you, that previous to the receipt of yours, I addressed Midshipman 
Barton a letter at Baltimore by the steamboat, which I presme will 
be satisfactory to him. So far as the short time Mr. Barton was 
under my command would enable me to judge of his merits, I con- 
sider him the most promising young gentleman that has ever been 
under my command, and I have therefore given him such a letter as 
will be of service to him. 

Respectfully, sir, your obedient servant, 
(Signed,) WM. MERVINE. 

Wm.P. C.Barton, M.D., 

United States Navy. 

(From Commander Webb of the navy, then commanding sloop of 
war Vandalia, 24 guns, now commanding rendezvous at Nor- 
folk.) 

U. S. SHIP Vandalia, Femacola, 2lst January, 1834. 
Dear Sir: In tendering to you my sincere acknowledgements 
for the prompt and officer-like manner with which you have per- 
formed the several duties assigned you during the time we have 
been associated together in the service of our country, permit me 
to express my sincere regret at our separation, and to hope that it 
may operate for your preferment and advantage. Being assured of 
these sentiments from me, I cannot convey to you in stronger terms 
my entire approbation of your conduct, and the hope that we may 
have the pleasure of again serving together. Wishing you a suc- 
cessful issue to your studies, and a happy meeting with your friends, 
I have the honour to subscribe myself 

Your friend and obedient servant, 
(Signed,) THOS. WEBB. 

Midshipman Chas. C. Barton, 

United States Navy. 

(From Commander Smoot of the Navy, then commanding schooner 
Grampus, 12 guns.) 
U. S. SCHOONER Grampus, Norfolk, Va., March 20, 1834. 
Sir: In compliance witttyour request, I take pleasure in statiri"- 
that the short time you were under my command your correct de- 
portment as an officer met with my entire approbation. 
Respectfully your obedient servant, 
(Signed,) J. SMOOT, 

Lieutenant Commanding. 
To Chas. C. Barton, U. S. Navy. 



46 

(From Lieut. Commanding Blake, of the Coast Survey service.) 

Worcester, ll^A March, 1839. 
My Dear Sir: Your favour of the 8th reached me last evening, 
and I lose no time in replying. Passed Midshipman Barton served 
under my command in the Coast Survey service from April until 
November, 1838, and I have recently asked that he may be re-at- 
tached to it. So far as 1 had an opportunity of judirig in the above 
mentioned sliort period, 1 should consider his professional qualifi- 
cations highly respectable; and take great pleasure in saying, that 
his conduct in every respect, met my most unqualified approbation. 
I remain, with great respect and regard, yours, 

GEO. S. BLAKE. 
Dr. Wm. p. C. Barton, U. S. Navy, Phi lad. 

New Haven, March \9th, 1839. 

Dear Sir: I have received your letter of the 11th instant, with 
the deposition of Mr. Sagee in relation to the afiair between Passed 
Midshipman Barton and George Dennett, on board the Constitu- 
tion. 

I was not present at the transaction, and it certainly would not 
have occurred had I been there. What I stated in my reply to 
Commodore Elliott's letter was, as near as I remember, the result of 
my inquiries made at the time. The Boatswain ( Whittaker,) was 
among those on the forecastle of whom I made the inquiries, and the 
only difference in their statement was with respect to the broom. 
Some said he had it in his hand before — others, that he picked it up 
when pushed by Mr. Barton towards the hatchway. I did not know 
that Mr. Sagee was present, or I should have questioned him and 
placed greater confidence in what he said. Mr. Barton served with 
me on board the Constitution, when I was first lieutenant, between 
three and four months, and his general deportment and attention to 
the duties required, was such, that I certainly did place great con- 
fidence in him as an officer and a gentleman. When he was mate 
of the gun -deck, he kept it in very superior order, and with the ex- 
ception of the aft'air with Dennett, I do not remember to have had 
cause, while we were together on board the Constitution, to find 
any fault with him, either as an officer or a gentleman. 

I am, with great respect, dear sir, your obedient servant, 

W. BOERUM, Commander, U. S. N. 

Wm. p. C. Barton, Philad. 



APPENDIX. 



[Document No. 191.] 

25th Congress, 3d Session. — House of Representatives. 

CHARGES PREFERRED BY MIDSHIPMAN BARTON 
AGAINST COMMODORE ELLIOTT. 



LETTER FROM THE SECRETARY OF THE NAVV, 

Transmitting copies of the charges preferred by Charles C. Barton^ 
a passed midshipman of the United States navy, against Captain 
Jesse D. Elliott, while in command of the Mediterranean squad- 
ron, together with all the communications in relation to said 
charges on the files of the Navy Department. 

February 14, 1839. 
Resolved, That the report be printed, and that a select committee of seven 
members be appointed, to inquire into the official conduct of Captain Jesse 
D. Elliott, of the United States navy, while in command of the squadron in 
the Mediterranean, in the years 1837 and 1838, and particularly into the alle- 
gations of tyranny and oppression towards the officers under his command; 
and that the said committee have power to send for persons and papers, and 
have leave of absence from the service of the House, while engaged in the 
inquiries committed to them by this resolution. 



Navy Department, February 12, 1839. 

Sir: In obedience to a resolution of the House of Representa- 
tives of the 1st instant, I have the honour to transmit copies of the 
charges preferred by Charles C. Barton, a passed midshipman of the 
United States navy, against Captain Jesse D. Elliott, while in com- 
mand of the Mediterranean squadron, to^^ether with all communi- 
cations in relation to said ciiarges on file in this department. 

The facts disclosed in those papers furnish the sole ground on 
which the department has hitherto declined acting on the charges 
of Midshipman Barton, and are in themselves the only reasons why 
Commodore Elliott has not been brought to a trial on said charges. 

I have the honour to be, very respectfully, your obedient servant, 

"^J. K. PAULDING. 

Hon. James K. Polk, Speaker of the House of Representatives. 
1 



11 

Extract from a letter to the Secretary of the Navy, from Commo- 
dore J. D. Elliott, dated 

U. S. SHIP Constitution, Smyrna, December 3, 1835. 

Sir: The health of both vessels continues to be good, and har- 
mony has prevailed on board until the 1st instant, when a personal 
aftair occurred between passed midshipmen Wood and Barton, of 
the United States schooner Shark, which ended in the latter per- 
son's receiving a ball near the knee, which fractured the bone to 
such an extent as to render the loss of his leg not improbable, as I 
now understand. 

I immediately suspended the parties concerned, including their 
friends, passed midshipmen J. T. McDonough and William S. 
Ringgold; and the enclosed copies of communications which have 
passed between Lieutenant Commandant Ridgeway and myself will 
explain the subject, and express my views of the same, as far as it 
is practicable for me to do so. 

From what I can learn, both parties are quarrelsome persons. 
The one who was wounded (Mr. Barton,) was forbidden by me to 
visit the shore previous to his leaving the Constitution for the 
Shark; and it appears that on the morning of the aftair he ex- 
changed duties with the officer of the launch, going after water; 
that he left the men under his charge, and fought his antagonist, by 
previous arrangement, near the watering place, in sight of the 
launch's crew. I think that it is high time that such meetings, 
upon slight grounds, should be stopped. I enclose you an extract 
from my confidential instructions to the commanders of each ship 
in the squadron, by which you will perceive that I have left nothing 
wanting, on my part, to prevent the occurrence of such personal 
aftairs. The whole matter is now laid before you for a decision, 
and both principals and seconds will continue suspended until your 
answer is received. 

I have the honour to be, very respectfully, your most obedient 
servant, 

J. D. ELLIOTT, 
Com'g U. S. naval forces in the Mediterranean. 

Hon. Mahlon Dickerson, Secretary of the Navy, Washington. 



U. S. SHIP Constitution, Smyrna, December 1, 1835. 

Sir: The unpleasant occurrence of yesterday makes it incum- 
bent upon me to state that I have sought for information sufficient 
to institute proceedings against the parties concerned in it, but I 
have not been able to obtain it as yet, although ample grounds may 
exist. 

You will therefore communicate to all concerned, under your 
command, that they are to continue under suspension; and that, 
in the mean time, as the slightest punishment which can be in- 
flicted, I shall write to the navy department, and recommend that 
their promotions shall be stopped; and at the same time bring the 



Ill 

subject to the notice of the executive of the United States, who will, 
doubtless, take harsher steps in the case. 

Situated as we are, in the midst of three squadrons, where the 
quarrels of our officers only serve to cause severe reflections upon 
the discipline and character of the service, I had hoped that that 
part of my general instructions to you, in relation to such meetings, 
would have prevented their occurring; but I regret to say I have 
been disappointed. 

Should there have been any breach of discipline in any thing con- 
nected with the meeting, or any circumstances which would be 
likely to produce injury to the service, you will report the same to 
me. 

I shall order an officer to report to you for duty, temporarily, 
until the case of those gentlemen shall have been disposed of by the 
honourable Secretary of the Navy. 

Very respectfully, &c. 

J. D. ELLIOTT, 
Com'g U. S. naval forces in the Mediterranean. 

Lieut. Com'd't E. Ridgeway, 

Com'g U. S. schooner Shark, Smyrna. 

P. S. Should I before hearing from you obtain information which 
will be sufficient to sustain charges against the parties concerned, 
I shall bring them all to a court martial. 



U. S. SCHOONER Shark, Smyrna Roads, December 3, 1835. 
Sir: Your communication of the 1st inst. was duly received, and 
the order respecting those officers concerned in the late duel im- 
mediately made known to them. I have inquired among my officers 
if there was any breach of discipline by those gentlemen who were 
engaged in this unfortunate affair, but do not find there has been 
any, unless Mr. Barton's exchanging duty with Mr. Bacon (who is 
launch officer,) be considered as such; this, however, is frequently 
done, and no objection made to it. 

I enclose you my first lieutenant's statement to me of all he and 
the other officers know of this affair. 

I have the honour to be, very respectfully, sir, your most obe- 
dient servant, 

EBEN'R RIDGEWAY, 
Lieut. Com'g U. S. schooner Shark. 
Com. Jesse D. Elliott, 

Com'g U. S. naval forces in the Mediterranean. 



Extract from general and confidential instructions to commanders 
of vessels attached to the Mediterranean squadron, issued Octo- 
ber 26, 1835. 

No person in the navy shall quarrel with any other person in the 
navy, nor use provoking or reproachful words, gestures, or menaces, 
on pain of such punishment as a court martial shall adjudge. The 



IV 

above article seems to be sufficiently explicit to make further pro- 
visions on this head unnecessary. I have, therefore, to require that 
it be strictly enforced, as from such small beginnings serious con- 
sequences ensue; heat of passion occasions a meeting under a false 
pride, which leads to results destructive of discipline and subordi- 
nation. 

Let it be distinctly understood that any officer, who shall be en- 
gaged in personal altercation, shall, if he cannot be disposed of in 
the fleet, be arrested and sent home to the United States for the 
severest reprimand and punishment which the law authorizes. 

J. D. ELLIOTT, 
Com'g U. S. naval forces in the Mediterranean. 



U. S. SCHOONER Shark, Smyrna Bay, December 1, 1835. 

Sir: It becomes my duty to report to you that passed midship- 
men Barton and Wood, of the Shark, have this morning been en- 
gaged in a duel, on which occasion the former received his antago- 
nist's ball in the right leg, just below the knee, which has fractured 
the bone. Passed Midshipman Barton was taken in a shore boat 
on board of the Constitution, and Wood returned to this vessel. I 
have thought proper to suspend the latter until further orders from 
you. 

Passed Midshipmen Ringgold and McDonough acted as friends 
or seconds to the principals in this affiiir. 

I have the honour to be, very respectfully, sir, your obedient 
servant, 

EBEN'R RIDGEWAY. 

Com. Jesse D. Elliott, 

Com'g U. S. naval forces in the Mediterranean. 



U. S. SCHOONER Shark, Smyrna, December 3, 1835. 
Sir: In reply to your inquiry whether there was any breach of 
discipline in the transaction between Passed Midshipmen H. P. T. 
Wood and C. C. Barton, I have only to state that Messrs. Wood 
and McDonough had permission from me to go ashore, on liberty. 
Mr. Barton had the day's duty, and I had ordered him to send the 
launch for a load of water. Sometime after the launch had left the 
vessel, I found that Mr. Barton had been relieved by Midshipman 
Bacon, in charge of the deck, and had gone himself in the launch. 
I thought no more of it, as officers occasionally exchange duties; 
nor did I dream, for a moment, that any meeting was to take place, 
or that Messrs. Wood and Barton would come together ashore. 

I did not regard it as a breach of discipline, nor do I know of 
any other breach of discipline in the transaction. 

I am, respectfully, your obedient servant, 

BENJ'N JAS. TOTTEN, 
First Lieutenant U. S. schooner Shark. 
Lt. Com'd't Ebenezer Ridgeway, 

Commanding U. S. schooner Shark. 



Smyrna, December 5, 1835. 

Dear Sir: I regret to inform you your son was, a few days 
since, severely wounded in a duel with Mr. Wood, passed mid- 
shipman, in the leg. The quarrel, I believe, is one of an old stand- 
ing, brought to this unhappy termination by his being ordered to 
the schooner Shark, where Mr. Wood was, who refused to mess 
with him,* and I regret to say the rest of the mess followed his 
example. This, together with other insults, left him no other 
resource but to call him out; when, after receiving two fires, his 
pistol missing fire both times, he had his leg fractured by the second 
shot. I am, indeed, happy to say, sir, that your son's conduct on 
the field evinced that coolness and determination which always 
emanate from a good cause; and every person acquainted with the 
circumstances is of the opinion of myself, that the course he pur- 
sued could not be avoided without dishonour. I and the surgeon 
who attended deemed it necessary for him to be brought on board 
of this vessel, to have the ball extracted, rather than tiie schooner; 
he was accordingly brought on board, and the ball extracted with 
no difficulty. During this time, Commodore Elliott was absent 
from the ship; and, as soon as he returned, the thing was, of course, 
reported by the first lieutenant. You cannot judge of our surprise 
to hear the order given that Mr. Barton should be immediately taken 
on board of the Shark. This order being issued, without knowing 
what the consequences might be. Dr. Boyd, the surgeon of the 
ship, immediately waited upon him, and protested, in the strongest 
terms, against this inhuman order; but he would not be heard by 
the commodore, vvho said he must go, and he would bear the 
responsibility. He was therefore hoisted over the side, and sent 
back to the schooner. You, sir, as a medical gentleman, can 
imagine what his sufferings must have been, labouring under 
excitement from opium and such inhuman treatment. Through 
Dr. Boyd's intercession, he was removed on shore yesterday, 
where he will receive all the attention and care whicii he requires 
in his present condition. Before your son was ordered on board 
the schooner, her captain, knowing the difference between them, 
told the commodore he was afraid that this would be the result 
of their being together. All the parties are now suspended, and 
the commodore has threatened to report them to the Secretary of 
the Navy. 

I am, very respectfully, your obedient servant, 

WM. S. RINGGOLD. 
Dr. Wm. p. C. Barton, 

Surgeon United States Navy. 



Philadelphia, March 20, 1836. 
Sir: I enclose, herewith, two letters, one from the Mediterra- 
nean fleet surgeon. Dr. Boyd, the other from Passed Midshipman 
Ringgold, who was second to Passed Midshipman Barton in the 
duel at Smyrna, which has subjected principals and accessories to 



VI 

arrest by Commodore Elliott, (at least I have learned so by the pub- 
lic prints,) until your pleasure should be known. The natural and 
deep interest I feel in the persecuted sufferer in this unfortunate 
affair, which leads to an earnest desire that you will see cause to 
remove this arrest from Mr. Barton and his friend Mr. Ringgold, — 
is the chief, but not the only motive for this communication. An- 
other arises from a wish to place fully and correctly before you, 
by the letter of Dr. Boyd, the excessive inclemency visited upon 
Mr. Barton by Commodore Elliott, during his critical and dan- 
gerous situation, after being wounded in such a way as to cause 
a comminuted fracture, and immediately after a painful operation 
for extracting the ball — suffering severely from both, and requir- 
ing, in the opinion of the fleet surgeon, quiescence and commi- 
seration^ in a condition, certainly, not calling for any inhuman 
aggravation of bodily and mental suffering, nor for any course 
which might jeopard his limb or life. The course pursued, it is 
plain from Dr. Boyd's letter, subjected him to aggravation of phy- 
sical pain as well as to injurious mental irritation, by the indigna- 
tion it must have created in the sufferer; and retarded the cure up 
to the period of the date of that letter. The newspapers through- 
out the United States now teem with reprobation of this course, 
and stigmatise it in language of no measured terms, as one of un- 
justifiable, unparagoned inclemency, and indefensible inhumanity. 
Public sentiment is therefore against it, and querulous towards its 
achiever in consequence. I also appeal to the unanimous expres- 
sions against it by officers of the navy, here and elsewhere, and 
conveyed in the numerous letters from the squadron in which the 
treatment of Mr. Barton occurred, — for evidence of an irrepressible 
burst of reprobatory disgust. The sensation created in the squad- 
ron, by reckless infliction of pain, discomfiture, harassment, and 
hazard, on this disabled officer, (necessarily a passive victim of any 
usage he might receive, since the opinion and protestation against 
the act given by the fleet surgeon was repudiated and contemned,) 
is represented in numerous private letters from the squadron as 
vituperative of the treatment inflicted by Commodore Elliott, 
without reserve or dissent. I am therefore borne out by facts, by 
public and private opinion, by the sentiments of the navy, which 
is injured by such conduct, and by my own medical opinion, in 
imputing inhumanity to the extraordinary, unparalleled course 
pursued by Commodore Elliott; and I am further sustained, by the 
sentiments of the medical officers of the corps I have the honour 
of belonging to, in saying — that his disregard of the protest of the 
fleet surgeon^ who alone had the right, as he had the capability, of 
judging of the danger of the course that protest was designed to 
avert, — impinged the rights and lawful immunities of the medical 
officer, and so far marred his efforts and his duty. If such a 
course in a commander be permitted or ratified, the sanative opera- 
tions of the medical corps will be paralyzed, its respectability be 
compromitted, and its independence for good, subverted: because 
subservient to the control and dictation, in the performance of its 



Vll 



duties, of caprice, private pique, and inhumanity. No possible or 
conceivable general good, could have grown out of private wrong 
in this instance. No one of any sense or of any knowledge of the 
sentiments and conduct of officers who justify the practice of duel- 
ling, could, for a moment, suppose — that any repressive effect of this 
code of honour, in those who abide by its laws, could be derived 
from an unfeeling evidence of disregard for the safety, comfort, 
and cure, of an officer disabled and forlorn, thrown in the aching 
hour of bodily disaster, on the commiserative leniency of his com- 
mander. Any one who risks his life in a duel, will risk the chance — 
rare, indeed — of inhuman treatment, should he be wounded. An 
officer wounded and disabled in a duel is still an officer; and he is 
indeed more, then — he is a suffering fellow mortal, whose very 
condition asks sympathy and succour. In the intensity of his pain 
and his jeopardy is found, in the generous bosom, a charitable for- 
getfulness of the cause. As the course pursued towards Mr. Bar- 
ton finds no support in any rational idea that a check could be 
given to duelling by it, so it finds every thing condemnatory of it, 
in the best and really generous feelings of the heart; and every 
thing at variance with it in the charities of life. I am happy to 
say the course finds no parallel in the annals of our navy; nor do 
I know a parity of treatment existing in the history of any military 
service. The positive wrong of inhumanity towards a stricken 
officer, claiming by his condition and his sufferings, and by the opi- 
nion of his medical attendant, at least common-place forbearance, 
and a decent regard to the sympathy of fellow officers, added to 
the defensible wrong among military men of resort to single com- 
bat, can, aggregately, never make a right. The first wrong is 
unique, impinges the rights of the medical officer, and injures the 
navy in foreign eyes; the second, if a wrong at all among militant 
bodies, is a postulate wrong, defensible and defended in all such 
bodies by immemorial custom; and, it is not to be denied, also 
accredited and defended, as necessary, by the declarations in 
print, of Commodore Elliott himself — declarations sustained by the 
fact of his having been the second in a duel. If duelling be an 
evil, (and this admits of no disputation,) which Commodore Elliott 
thought it incumbent on himself to set his face against in his squad- 
ron, a time but recently elapsed when the example of his encou- 
raging the idea of its propriety, might well have been withheld from 
the public prints, and from the conversations with officers who 
visited his ship in New York on the eve of her sailing. He would 
then have been without the reproach consistency now imposes on 
him, in public estimation, of being unable to reconcile the anomaly 
in ethics, of assuming the same course as venial and praiseworthy 
in his own person, which he wishes to be considered penal in an- 
other individual of the same body, bound by the same laws, amen- 
able to the same judicature for misdemeanours, and the same 
punishments for an infraction of those laws. The force of exam- 
ple is so contagious in bodies of men, that our navy regulations 
wisely insist upon commanders "setting a good example, in their 



Vlll 

own persons,''^ of all the ethical proprieties of the service. In this 
view of the subject, Commodore Elliott stands in the awkward 
predicament of being imsiistained by himself m the evidence he 
has given, under such distressing circumstances to one individual — 
of his disapprobation of duelling. If this disapproval, therefore, 
was intended to be developed by showing no quarter, when disa- 
bility, despair, and suffering, and a responsible and eminent medi- 
cal officer for his patient asked it, — the futile ettbrt came with a very 
bad grace indeed from one who might have prevented the duel, 
and whose implied precept was at diametric opposition to his 
avowed readiness for practice. Discipline, wholesome, and, (by 
implication,) judicious discipline — is one thing; impinging the rights 
of the sick and disabled, by an unnecessary and culpable irruption 
on the sympathies of the whole navy — is another. I feel confidence 
in believing the Department over which you preside, never intended 
to encourage or to justify, the tightening of the well-tuned cord of 
discipline to a degree of tension which should cause it, when 
touched, to send forth sounds discordant to the ears and feel- 
ings of humanity. The commutation of misrule for harmonious 
discipline rests for its corrective with you, whenever it may be 
perceived. 

With respect to Mr. Barton, I have to say, that if ever a 
challenge to a duel was necessary, it was so in this instance. I 
do not approve of duelling; but if it is of questionable propriety 
it is still an evil that can only be viewed as an evil irremediable in 
military service. Yet, had Mr. Barton not gone into the field, 
forced as he was there, by an order from Commodore Elliott 
which he was apprised would have the effect of creating a duel, — 
I should have conceived he had disgraced the name he bears, and 
compromitted the honour of an officer. I therefore respectfully 
and earnestly solicit the remission of his arrest, and that of Mr. 
Ringgold, should they be arrested: and also propitiate your lenity 
for any medical attendant who may be implicated, by having gone 
with them to do good, when he could not prevent harm. 

I am, sir, very respectfully, your obedient servant, 

WILLIAM P. C. BARTON. 

Hon. M. DicKERsoN, &c. 



U. S. SHIP Constitution, Gibraltar Bay, April 20, 1836. 

Sir: By some accounts from the United States that I have just 
received, I find that unnecessary consequence has been given to 
that affair of Passed Midshipman Barton's, at Smyrna, and I 
therefore deem it proper that you should have a full statement of 
the facts. 

One day, on the quarter deck, a man came up and requested 
permission to speak to me, which I readily granted; he then asked, 
were the youns; aentlemen allowed to stick their dirks in them 
with impunity? I immediately inquired into the matter, and round 
that Mr. Barton had, for some trivial cause, in the heat of passion, 
dirked the man. 



IX 

To avoid a court-martial, I ordered him to tlie Shark, with strict 
injunctions to his commander not to allow him to visit the shore 
without my further permission, apprehensive that some difficulty 
might arise with the other young gentlemen of this ship; however, 
through some management of his with the launch otiicer, he got 
ashore, and the meeting between him and Wood took place, the 
particulars of which you have been apprised of. 

By the advice of his surgeon, he was brought alongside of this ship, 
and Lieutenant Boerum objected to his coming on board; but, 
upon the urgent solicitation of the surgeon, he was admitted. 

On my return to the ship, some two hours after, it was reported 
to me by the first lieutenant, and I immediately ordered him to be 
carried to his own vessel, determined not to countenance any of 
those meetings on slight grounds. Upon the approach of the fleet 
surgeon to the cabin, 1 told him that I would hear nothing about 
his remaining on l)oard tlie flag ship; that if he could not be com- 
fortable in his own vessel, to carry him on shore. He was accord- 
ingly taken to his own vessel. The next day his surgeon told nie 
that he was uncomfortable where he was, and I then directed him 
to be carried on shore, which was done. 1 sent my largest and 
best boat, so that he could be carried comfortably, and a man from 
the schooner to attend him; also directed that the fleet surgeon 
should visit him as long as the ship remained in port; I knew, from 
the nature of the wound, that a long and tedious confinement was 
unavoidable, and entirely unfit to be kept in a ship of war; and 
we were momentarily expecting to leave there. I directed every 
article belonging to the surgical department of the schooner, that 
was required for his use, to be left; and the vessel was therefore 
destitute, and even went to sea without them. 

When I left, I had every thing done for his comfort. I left him 
two months' advance, with a letter of credit on the schooner, and 
under the charge of an old and valued friend of mine, Mr. Offley, 
United States consul, with an excellent surgeon to attend him, 
until the schooner returns and takes him on board. 

I am fully determined not to countenance these meetings, for 
they often occur upon slight and insufficient causes; and, there- 
fore, considering myself the guardian of the mtrals of the young 
gentlemen under my command, I feel in duty bound to do every 
thing in my power to prevent them, (rarely does a case occur that 
is not productive of regret to themselves for the previous transac- 
tion,) and that our friends may know what unnecessary trouble is 
given to commanders, from the want of proper disciplined schools 
and institutions, at home, to train them for coming abroad. 

Still, I am the last officer in the navy that would have one of 
them yield a point of honour, and would go further, even assist 
them in contending for it. 

I am, very respectfully, your most obedient servant. 

J. D. ELLIOTT, 
Com^g U. S. naval forces in the Meditei'ranean. 

Hon. M. DicKERsoN, Washington. 



Mahon, February 13, 1837. 

Sir: Your communication of yesterday, enclosing me a copy of 
your letter to the Hon. Secretary of the Navy, dated at Gibraltar, 
the £Oth of April last, in relation to the afiair between you and 
Passed Midshipman Barton, as also a Naval Chronicle containing 
some reflections upon the course you had pursued in reference to 
that officer, has been duly received. I have attentively read your 
letter to the Hon. Secretary, and have no hesitation to say that, as 
far as I have any knowledge of that aftair, every thing you have 
stated is correct in all the material points. I am disposed, how- 
ever, to think there is an error in the account published in the 
Chronicle. It is there stated you were informed by the commander 
of the Shark that ill blood existed between these officers, and that 
the almost certain result would be a duel; for I have no recollec- 
tion of ever having verbally communicated to you any thing to that 
effect; I am certain I never wrote to you upon the subject. I be- 
lieve every attention was paid to Mr. B. while on shore, and that 
all possible comforts were afforded him. Whether the falsehoods 
you complain of in the Chronicle were premeditated or not, while 
Mr. Barton was confined on shore, I am not prepared to say. 

I have the honour to be, very respectfully, your obedient servant, 
EBEN'R RIDGEWAY, 

Lieutenant United States Navy. 

Com. J. D. Elliott, 

Com'g U. S. Naval forces in the Mediterranean. 



[extract.] 
U. S. SHIP Constitution, Port Mahon, February 14, 1837. 

Sir: In this communication I have respectfully to call your at- 
tention to some further considerations in the case of Passed Mid- 
shipman Barton, the particulars of which I had the honour to 
transmit to you from Gibraltar Bay, April 20, 1336. 

In consequence of a libeHous statement of these proceedings re- 
published in the Army and Navy Chronicle of September last, 
herewith appended, and the libel complained of having an exten- 
sive circulation among the officers generally, I feel myself called 
on to put you in possession of the documents corroborative of the 
facts, and contradictory of the statement referred to, all of which 
would have been contained in the record of proceedings, had not 
the young gentleman absconded from his station. I would add, 
that the testimonies were taken from parties who were present 
during the existence of the matters referred to. 

1 would call your attention to one portion of the libel, in refer- 
ence to the stated causes of removal of Mr. Barton from the Con- 
stitution to the Shark. While we lay in Mahon, in October of 
1835, Passed Midshipman Barton struck my clerk, and mutilated 
his face; in consequence of which, the former was restricted from 
shore, and a promise obtained from the latter that he would not 
call Barton out, which I was informed it was his intention to do, 



XI 

with my threat, that if he did, I would dismiss him (my clerk) 
from the squadron. A few words will explain the matter in refer- 
ence to the ^'drawings," and the "requisitions" which I made on 
the "graphic talents" of Mr. Barton. This young gentleman had 
previously sent me in, unasked, little specimens of his drawings? 
and wishing to procure a particular one to send the Navy Depart- 
ment, I requested its execution before his being restricted from 
shore, and, pending its continuance, he returned for answer, by 
my secretary, to know if he was in quarantine. Declining to mix 
official with private business, 1 held no further communication with 
him on these matters. It was my intention to have gone to Smyr- 
naj learning at Athens that the plague was in the neighbourhood, 
prevented. It will be perceived by the subjoined extract from a 
letter to our consul at Smyrna, in whose charge this young gentle- 
man was left, that I directed him, if able, to repair to Malta, and 
join his vessel at that place, which was there in expectation of 
i-eceiving him. By a passage in the consul's reply, it will be seen 
that he had no intention of obeying the order; and, by accounts 
since received, it appears that he has deserted his station, and 
returned to the United States. It was my intention, in a court- 
martial, to have brought in Mr. Barton, in connexion with the 
other parties, whom I had tried, but his going home prevented me. 

Extract of a letter to David Offley, Esq., United States consul 
at Smyrna, dated at Athens, August 21, 183G. "The schooner 
Shark will be there (Malta) early in October. If Mr. Barton is 
in a state to join his vessel, he can meet her there at that time." 

Extract of a letter in reply to the same, from David Offley, Esq., 
dated at Smyrna, September 17, 1836. "Midshipman Barton is 
still here, and has informed me of his intention to leave for the 
United States per the first vessel. I shall have to lend Mr. B. 
about $200; he will owe his doctor's bill, and I believe about $90 
to Stith; for all of which he will give a bill on the Navy Depart- 
ment." I merely add, again, that this movement, on the part of 
Mr. Barton, is a desertion of his station, and a direct disobedience 
of the express orders to him. 

You will perceive, by the accompanying testimonials, that every 
sentence of the letter which I previously addressed you on the 
subject is correct. 

Very respectfully, vour obedient servant, 

J. D. ELLIOTT, 
Com'g U. S. naval forces in the Mediterranean. 

Hon. M. DiCKERSON, Secretary of the Navy, Washington. 



At Ska. 
Deposition of Robert tVhittuker, boatswain United States frigate 
Constitution, February 10, 1837. 

On the morning alluded to, some time between the 1st and the 
8th day of November, one thousand eight hundred and thirty-five, 
I was sent (by the officer of the deck) down on the gundeck, to 



Xll 

send all hands belonging to the watch on deck, to make sail; 
George Dennett, seaman, was at the time foretop sweeper; he 
went on deck, carrying his broom along with him, and went to the 
forelift jigger on the starboard side; that Passed Midshipman Bar- 
ton came up the starboard foreladder and called out for George 
Dennett, who immediately answered him; he (Mr. Barton) asked 
him what he was doing on deck; to which he answered, that he 
was sent on deck by me, to make sail; that Mr. Barton then said, 
damn your eyes, go down below, and don't come on deck again 
without an order from me; he (George Dennett) turned round to 
go below, when Mr. Barton took the broom out of his (Dennett's) 
hand, and commenced pushing against his legs with it. He (Den- 
nett) then told him that if he had done wrong, to take him to the offi- 
cer of the deck, and have him punished; that Mr. Barton then raised 
the broom to strike him, and he (Dennett) seized it and took it 
from Mr. Barton, and hove it down on deck, and then turned 
around the foremast, to go down the larboai-d foreladder; that Mr. 
Barton pulled out a dirk from his inside (jacket or coat) pocket, 
and plunged it into his (George Dennett's) ham or thigh, and said, 
there, I'll let you know whether you will attempt to strike an 
officer or not. 

During this time I was standing on the forecastle netting, for- 
ward of the swifter. There were also several men looking on at 
the time, viz: Allen Conant, Jesse Gay, John Cooper and William 
Atkins, who are willing to attest to this. 

ROBERT WHITTAKER. 
Boatswain U. S. ship Constitution. 



Deposition of George Bennett, seaman United States ship Consti- 
tution, February 10, 1837. 

That some time between the 1st and the 8th day of November, 
1835, I was gundeck sweeper, foretop; that Robert "Whittaker, 
boatswain, came on the gundeck, and ordered all the watch on 
deck, sweepers included; that, in accordance thereto, I went on 
deck with my broom in my hand, and I proceeded to the starboard 
forelift jigger; that, whilst there. Passed Midshipman Barton, 
master's mate of the gundeck, came up the starboard foreladder and 
called out for me, and I immediately answered him; he then asked 
me what I was doing on deck; I told him that I was sent up by 
the boatswain to make sail; he said, damn your eyes, go down be- 
low, and don't come on deck without an order from me; upon 
which, I turned to go down below, when he took the broom out of 
my hand, and commenced pushing me in the legs with it; I turned 
round and told him that if I had done wrong to take me to the 
officer of the deck and let him punish me, or something to that 
purpose; that he then raised the broom to strike me, when I seized 
it and took it from him, and then threw it on deck, and turned to 
go around the foremast, to go down the larboard foreladder, when 



Xlll 



I immediately felt a sharp instrument enter my thigh, which proved 
to be a dirk, thrust by Passed Midshipman Barton. 

GEORGE DENNETT, his X mark. 
Witness: James Conwav. 



U. S. SHIP Constitution, Mahon, February 14, 1837. 

Sir: In answer to your request in relation to the affair between 
Passed Midshipman Barton and yourself, I give you such particu- 
lars as I now remember. Mr. Barton was on board the ship when 
1 joined her, a few days previous to her sailing from New York, 
in August, 1835, for this station. Some time after our arrival at 
Mahon, a difficulty occurred between Mr. Barton and your clerk, 
during which your clerk received a blow from Mr. B.; the particu- 
lars I do not now remember; but the result of the investigation 
was, that the parties were not allowed to go on shore for some 
time. 

The circumstance of Mr. Barton's running his dirk in the man, 
as near as I can remember the case, is this: Mr. B. was mate of 
the gundeck, and this George Dennett was one of the sweepers, 
and had been set at some work on the deck by Mr. Barton j the 
duty was neglected, and the man was absent; he was found on the 
forecastle, and ordered below by Mr. Barton; he refused to go, and 
either had in his hand or picked up at the time a broom, by which 
Mr. B. supposed he intended to defy him; Mr. B. forced him to 
the hatchway, where the man making some resistance, Mr. B., in 
the heat of passion, ran a dirk in his thigh; Mr. B. was suspended 
in consequence. 

At Smyrna, you mentioned to me that Lieutenant Ridgeway, 
commanding the Shark, had several times applied for a passed mid- 
shipman; and, to avoid a court martial, you would order Mr. Barton 
there. 

I know nothing as to the cause of the duel; but when Mr. Barton 
was brought alongside, I consulted Dr. Boyd as to the necessity of 
his coming on board; he said it was necessary, and I admitted 
him. When you came on board, I reported the circumstance, and 
you ordered him sent on board the Shark. Dr. Boyd remonstrated, 
but you renewed the order, and he was sent on board the Shark. 
His removal from the Shark to the shore I know nothing more of 
than I was ordered by you to hoist out the first cutter for that 
purpose. 

After I relieved Lieutenant Ridgway in command of the Shark, 
and we were about to sail from Smyrna, Dr. Egbert told me there 
were some articles belonging to the hospital department that would 
be required for Mr. Barton's use; that they could not be procured 
at Smyrna, and that we had but one set on board. I applied to 
you; you ordered the Shark's to be left; you also ordered two 
months' pay and a letter of credit on the schooner Shark to be left. 

I have the honour to be, very respectfully, your obedient servant, 

W. BOERUM. 

Com. J. D. Elliott, 

Com'g U. S. naval forces in the Mediterranean. 



XIV 

U. S. SCHOONER Experiment, New Haven Harbour, June 25, 1838. 

Sir: Understanding that Commodore Elliott is on his way to 
the United vStates with his ship, I deem this a fit time to prefer 
charges against that officer, of cruelty, oppression, inhumanity, 
and persecution, of which I was the subject, when badly hurt, and 
while on board his ship, in jeopardy of my life; and of conduct 
unbecoming an officer and a gentleman, by his repudiating the just 
interposition of my medical attendant. Dr. Boyd; and, also, not 
only by the acts from which I suffered, but the mode in which they 
were inflicted. All the necessary witnesses to these charges are, 
either now, or will be, in the United States by the arrival of the 
Constitution and Shark. As an injured officer of the service, I 
claim the pi'otection of the Department, knowing it to be no part 
of your intention that even the most humble of the officers of the 
navy shall be treated unjustly, inhumanly, or cruelly; and know- 
ing, also, that it is neither consistent with the nature of the govern- 
ment of the naval service, nor the design of the Secretary of the 
Navy, that injuries like those I now complain of shall go unnoticed 
and uninvestigated. 

Being unacquainted with the precise technical phraseology ne- 
cessary to be employed in preferring charges and specifications, I 
throw myself on your just protection, with a respectful request 
that you will cause the charges to be presented in due form, as 
soon after Commodore Elliott shall arrive in the United States as 
may suit your convenience. 

At your order, I shall present you a list of witnesses. 

I am, sir, very respectfully, your obedient servant, 

CHARLES CRILLON BARTON, ' 
Passed Midshipman. 

To the Hon. Mahlon Dickerson, 

Secretary of the Navy, Washington. 

Philadelphia, Novemher 24, 1838. 
Sir: On the eve of the expected arrival of the frigate Constitu- 
tion from the Mediterranean, I addressed a letter to the honourable 
the Secretary of the Navy, (your predecessor,) preferring a com- 
plaint, in the manner pointed out by law, against Commodore 
Jesse D. Elliott, for certain inhuman, unofficer-like and illegal 
conduct to me, (jeoparding my life, and, at least, hazarding the 
loss of a hurt limb.) Being under his command and control at 
the time, I was necessarily, from my condition, the passive victim 
of such treatment. The result of this course, on the part of the 
said Commodore Jesse D. Elliott, was intense agony at the time, 
and much and long suffering after; as well as being left in a foreign 
country for nine months, wholly without pay or subsistence, or the 
means of paying for medical or surgical attendance; and com- 
pletely dependent on the succour, support and sympathy of utter 
strangers. Without the good fortune of having met with an Ame- 
rican family who, (in all honour to all feelings and conduct honour- 



XV 

able to human nature) for a long period, extended to me, untir- 
ing and without abatement, this succour, support and sympathy, 
and furnished me the means of returning to my country, what my 
condition would have been is easily imagined. 

The complaint to which I have just alluded was made to the 
Department, with the settled aim and object of obtaining such re- 
dress as a court martial should give me, by awarding due and legal 
punishment for the ottence complained of. Though of humble rank 
in the service, I felt, and still feel, a well-grounded confidence 
that, on this account, I would not be debarred from my rights and 
immunities as an officer and an American citizen — rights and im- 
munities dear to freemen in themselves, and guarantied to even 
the youngest and most humble officer in the navy, as well as to 
those above him in grade and importance, by the acts of Congress 
for the government of the navy, and by the usages and immemorial 
customs of our naval service. Since the return of the frigate Con- 
stitution, I have to add to my former complaint of injuries received 
from Commodore Jesse D. Elliott (now reiterated to you, as succes- 
sor to the honourable the Secretary of the Navy to whom they were 
made) an additional one, for support of which I desire to cite Lieu- 
tenant Oscar BuUus as witness, viz: That the said Commodore 
Jesse D. Elliott did falsely represent to said Lieutenant Bullus the 
occurrences of the aftair in question, giving him a perverted and 
garbled statement of these incidents which could not be denied; — 
and did declare falsehoods, knowing them to be such, to Lieutenant 
Bullus, concerning myself, and his (Commodore Jesse D.Elliott's) 
own conduct; and did propitiate Lieutenant Bullus, either by ex- 
press request, or by a course tantamount to this, to publish in the 
"Times" daily paper of New York, of July 26th, 1836, an entirely 
false statement of the affair, and of my own conduct, highly inju- 
rious to my character and honour; and also to give his (Lieutenant 
Bullus's) name to the editor of said paper as authority; and that, 
in consequence of such authority, further injurious editorial re- 
marks concerning me were made in the same daily paper of Au- 
gust 20th, 1836; all of which Lieutenant Bullus has, by dates 
August 23d and September 10th, 1838, acknowledged to be erro- 
neous. I therefore charge Commodore Jesse D. Elliott, in addi- 
tion to my complaint lodged with the Department on the 25th day 
of June, 1838, with the following specification, bearing on the 
charge of "conduct unbecoming an officer and a gentleman," viz: 
That he did, by false representations made (knowing them to be 
so) to an officer under his command in his ship, on his pledge of 
honour to their truth, implied or declared, cause or induce Lieu- 
tenant Bullus to publish, with his name given as authority, inju- 
rious statements, implicating my honour and standing, in the daily 
paper of New York, the "Times," of July 26th and August 20th, 
1836, severally. 

I beg leave, therefore, to seize this time most respectfully and 
earnestly to solicit for the several communications heretofore and 
now made to the Navy Department, your present attention. As 



XVI 

guaidiaii of the riglits and immunities of the officers ot the navy, 
and as the legitimate channel through wliich to seek redress for 
my grievances, I now address youj and, in the fullest confidence, 
express the hope that you will see cause to order a court martial 
to investigate and decide upon them. 

I further respectfully ask. that you will, from the several com- 
munications made to the Department on this subject, cause to be 
drawn up, in legal manner, such charges and specifications as 
those several statements set forth, to the end tliat 1 may not be 
deprived of redress by reason of any informality which inadvertence 
or unacquaintance with the requisite legal mode might beget. By 
the arrival of the frigate United States, all the witnesses necessary 
to establish my complaint are now returned. I shall therefore be 
much obliged if you will inform me in what way I am to proceed 
in bring-ino; their names before vou. 

I have the honour to be, sir, very respectfully, your obedient 
servant 

CHARLES CRILLON BARTON, 

Passed Midshipman. 

To the Hon. James K. Paulding, 

Secretary of the Navy, Washington. 

P. S. Annexed I transmit copies of a correspondence with 
Lieutenant BuUus, and the publication alluded to, as well as the 
papers themselves^ also, an extract of a letter from Passed Mid- 
shipman Stellwagen. C. C. B. 

[_From the New York Times of July 26, 1836.] 

The explanation given in this paper, a day or two ago, of the 
attair between Midshipmen Barton and Wood, at Smyrna, and of 
the proceedings of the Commodore in relation to it, which have 
been blamed as harsh and improper, was probably sufficient to 
satisfy every fair observer of the injustice of that censure. We 
should, therefore, not advert to the subject again, but that we have 
received some express testimony relating to it, with a request that 
it should be given to the public. It is contained in a letter from 
an officer of high standing and character, who joined the s(juadron 
since the occurrence in question, who is well known and univer- 
sally respected in this city, and whose name, though we do not 
insert it here, is at the service of any who choose to inquire for it. 
It will be seen that the conduct of the Commodore, so far from 
being "cruel, tyrannical, brutal," &c., as the Courier has described 
it, was particularly kind and generous; and we trust that that 
paper, having made such imputations, will satisfy itself of the 
authenticity of the following vindication, and lay it before its 
readers. It is proper to state, in addition to what is given below, 
which we do on other authority, that the request of the fleet sur- 
geon to have Mr. Barton on board the flag ship, was made in order 
that he might attend him the more conveniently. It could not 
have been from any danger in which the patient stood, as gunshot 



XVll 

wounds in the lower part of the leg are not very serious, though 
they may be long in healing. 

"******** Both before and since leaving the 
United States, I have seen strictures in the newspapers upon Com- 
modore Elliott, in relation to the affair between Passed Mid- 
shipmen Barton and Wood. I was determined that, whenever 
I joined the Constitution, I wouhl inquire into the truth of the 
story, in order to satisfy my own mind, and find the result as 
follows: 

"I hope, my dear sir, that a love for candour and truth will induce 
you to correct the aspersions which have recently been published, 
and have given an undue consequence to the transaction. * * 
.,#.#***##********* ]3^, j,,j,^-,g management witli 

a launch officer, the parties got on sliore; tlic meeting took place, 
and Mr. Barton, as you know, was wounded. By the advice of 
his attending surgeon, he was brought alongside the Hag ship, and 
admitted at the doctor's solicitation, although at first refused by 
the first lieutenant. On the commodore's return on board, the 
affair was reported to him, when he ordered Mr. Barton to return 
to his own vessel, being determined to discountenance those pro- 
ceedings among his young officers, particularly upon slight and 
trivial grounds. The Heet surgeon was informed that it was im- 
possible Mr. Barton could remain on board the flag ship, but that, 
if he could not be comfortable on board his own vessel, he might 
be taken on shore; which was accordingly done, using for that 
purpose the largest and best boat belonging to this ship, in order 
that he might suffer no inconvenience from the removal. A man 
from the schooner was sent ashore to attend him, and the fleet sur- 
geon requested to visit him as long as the sliip remained in port. 
The commodore thought, from the nature of the wound, that a 
long and tedious confinement was unavoidable, and a ship of war 
was no fit place for a sick man; the vessel, too, being under the 
momentary expectation of going to sea. Every article belonging 
to the surgical department of the schooner, that v. as required for 
his use, was sent him, and in fact every attention paid him that 
could in any manner relieve his situation. Two months' pay, ia 
advance, was left him, with a letter of credit upon the schooner; 
and he was placed under the care of Mr. Olfley, the American 
consul — a personal and valued friend of the commodore — with an 
excellent surgeon to attend him until the schooner should return 
and take him on board. As I said before, the commodore is 
determined to discountenance duels in the squadron, particularly 
among the midshipmen, whose guardian he looks upon himself to 
be, having the care of their morals, and feeling a deep interest in 
their future welfare; and althou2;h he discountenances duels amons; 
ourselves, originating in trivial causes, he is the last man, in my 
opinion, that would wish an otficer to yield a point of honour, but 
would rather assist him in maintaining it. As you will perceive, 
the charge of harsh treatment towards Mr. Barton is not nor can- 
not be sustained. In no ship or squadron that I have seen or heard 



XVlll 

of, have I known more indulgence extended to the officers, giving 
them every opportunity to visit foreign places, and travelling, and, 
if they choose, to improve their minds by study. There are at 
this moment four of our officers travelling in France and Spain, 
but expected to join us in a few days, by the Shark, daily expected 
from Marseilles, viz: Dr. Woodworth, Passed Midshipman Dray- 
ton, Midshipmen Middleton and Jenkins. Although the officers 
are allowed all proper indulgences, the commodore is sensitive to 
all infringements of duty or discipline. There never was a ship, 
probably, in better order or discipline than the Constitution, and 
the other vessels composing the squadron are all in excellent order. 
This seems to be universally admitted wherever we go. Make 
use of the information I give you as you please; although I would 
not like my name to figure in print, exactly, yet / hold myself 
responsible for its truth.''^ 

{F)-om the New York Times of August 20, 1836.] 
The Philadelphia Gazette thinks that a court of inquiry should 
be held as to Commodore Elliott's conduct to Midshipman Barton. 
We can assure that paper that no one would more anxiously de- 
precate any such measure than that young gentleman himself, 
or his friends, after he has conversed with them. If his treatment 
was marked by any fault whatever, it will be found by investiga- 
tion to have been that of extreme leniency. The circumstance 
which led to his being transferred to the Shark, was quite as impe- 
rative against his being returned to the Constitution, had there 
been no other objections on the score of discipline and propriety; 
and it will be judicious to avoid the removal of the veil drawn 
over it — an event that must result from the zealous efforts made to 
gratify causeless and unprovoked spite against the most slandered 
and persecuted officer ever in our service. 

Our knowledge of the subject is derived from a lieutenant in 
the navy, a gentleman of the highest character, who wrote express- 
ly to disabuse the public mind. We published only that part of 
his letter which bore directly upon the duel and its consequences, 
but even that was passed unnoticed by the honest and candid 
journals which had inculcated the accusations; not one of them, 
so far as we have seen, published the vindication, and they are 
now renewing the persecution. The public will judge of them 
and their motives. 



U. S. Schooner Experiment, Branford Harbour, (Conn.) August 8, 1838. 
Sir: I have just heard of the Constitution's arrival. Some time 
since, you will remember, a letter was published in the New York 
Times, greatly to my disadvantage. Your name was given as the 
author. I request an explanation of the same. 
I am, sir, your obedient servant, 

CHARLES CRILLON BARTON, 

Passed Midshipman. 
Lieut. Oscar Bullus, U. S. Frigate Constitution, Norfolk. 



XIX 

Setauket, Long Island, August 23, 1838. 

Sir: I have but this moment received your letter of the 8th 
instant, calling upon me for an explanation of a letter written by 
me and published in the Times. I have no other explanation to 
make, than simply to say that I was misinformed as to facts, and 
which I became aware of a short time after. It has always been my 
intention to see you, and say to you what 1 now say, and said at 
the time I discovered my error, that I most sincerely regretted 
having done so. I recollect that there were comments appended to 
that letter in the paper; these, I hope, it is not necessary for me 
to say I had nothing to do with, and so I stated to Mr. Ringgold 
and other of your friends. Towards yourself I have never enter- 
tained other than kind feelings; and whatever I may have written, 
I disclaim all intention of injuring you. 

I am, sir, very respectfully, yours, 

OS. BULLUS. 

Mr. C. C. Barton. 



U. S. Schooner Experiment, Sachem's Head, August 31, 1838. 

My Dear Sir: Yours of the 23d instant is received, and the 
explanation contained therein satisfactory. The sense of honour 
which has thus actuated you to acknovv'ledge an error will, I feel 
convinced, induce you to say who was the author of those com- 
ments alluded to; editorial remarks, of course, I do not mean. At 
the same time, permit me to ask whether a public use of your let- 
ter, in the event of necessity, would be offensive to your feelings. 
I am, dear sir, very respectfullv, your obedient servant, 

CHARLES CRILLON BARTON, 
Passed Midshipman. 
Lieut. Oscar Bullus, 

U. S. Navy, Setauket, Long Island. 

Please direct to Guilford, Connecticut. 



Setauket, September 10, 1838. 
My Dear Sir: A few days' absence from this place prevented 
the receipt of your letter of the 31st August until yesterday. I am 
gratified that the explanation contained in my last was satisfactory 
to you. Should we ever meet, I will endeavour still further to ex- 
cuse myself in your estimation, and to this end would be glad to 
hear, whenever you contemplate being in the city. You ask me to 
say who was the author of the comments alluded to in my last; and 
you also addthat you do not mean the "editorial remarks." These 
remarks are what I called the comments, which I declared I had 
had nothing to do with: and if the editor himself, or some one in 
his employ, did not write them, I am sure I do not know who did. 
I saw, myself, no remarks or comments, but what I presumed were 
editorial. One thing you may rely upon: I have had no subsequent 



XX 

correspondence or knowledge of that affair. With Dr. Holland 
himself I have but a slight acquaintance, and, with the exception 
of the letter in question, never wrote a line to him in mj life. You 
ask me wliether a public use of mj letter to you would be offensive 
to mj feelings. I v.ill not disguise my perfect abhorrence of having 
any thing to do with the public prints, and shall be happy if you 
will do me the favour to keep this matter, as far as relates to myself, 
out of the papers; but any other use you wish to make of my cor- 
respondence with you I am perfectly willing. Moreover, I am de- 
sirous that you should show it to as many of your friends as you 
choose: and especially to the officers late oV the Constitution. 
Most of them were aware of my sentiments and intentions towards 
you in relation to this unhappy affair — a truly unhappy affair to me 
— as it was the means of creating coolness and suspicion between 
myself and honourable men, whose opinion I valued, with some of 
whom I had been intimate for years, who were ignorant of the cir- 
cumstances and motives which induced me to write the letter I 
did. 

I remain, very truly, your friend and servant, 

OS. BULLUS. 
Mr. Chas. C. Barton. 

P. S. I do not know the situation you now fill; you must excuse 
me if iny address is not correct. 



Extract of Passed Midshipman Stellwagen'' s letter. 

U. S. FRIGATE United States, Smyrna, January 20, 1837. 
****** paragraphs in newspapers received from the 
United States. I saw one just before leaving Mahon, grossly flat- 
tering the commodore, professed to be written by an officer arrived 
on the station since your affair. It was on the authority of Lieu- 
tenant Os. Bullus, who, on being asked for an explanation of it, 
said it was dictated by the commodore on honour, and at his re- 
quest he iiad forwarded it for publication? and being under particu- 
lar obligations to him, and his honour pledged, he had copied the 
commodore's statement without hesitation. 

H. S. STELLWAGEN. 
Passed Mid. Ciias. C. Barton. 



Philadelphia, Becemher 26, 1838. 

Sir: Mr. Charles Crillon Barton, a passed midshipman in the 
navy of the United States, has applied to me in relation to a course 
of cruel and barbarous treatment to which he was subjected by Cap- 
tain Jesse D. Elliott, wliile in the Mediterranean, in tlie service of 
his country, in the recent cruise of the United States frigate Con- 
stitution. 

I understand from Mr. Barton that he has already written to the 
Navy Department, respectfully requesting, as an act of justice to- 
wards him, tiiat a naval court martial may be appointed, for the 



XXI 

purpose of deciding upon the charges preferred against Commodore 
Elliott. In this application Mr. Barton has no personal feelings to 
gratify; but he deems it a duty which he owes to himself as well as 
to the service, to demand this tribunal, in order that cruelties such 
as those complained of may not pass unpunished. He may have, it 
is true, a civil right to redress. But, as an officer of the navy, he 
appeals to the courts of the navy, and confidently trusts that the 
opportunities solicited by him "may not be withheld. You will 
oblige me, sir, and also confer a favour upon Mr. Barton, by giving 
the earliest possible attention to this communication, inasmuch as 
the subject to which it refers is a matter of deep anxiety and in- 
terest. 

Very respectfully, yours, 

DAVID PAUL BROWN. 
Hon. James K. Paulding, 

Secretary of the Navy of the United States. 



SPECIAL COMMITTEE ON COMMODORE ELLIOTT'S 

CASE. 

February 22, 1839. Read, and laid upon the table. 

REPORT OF THE MAJORITY. 

Mr. Naylor, under the direction of a majority of the committee 
to whom was referred the report of the Secretary of the Navy con- 
taining the charges of Passed Midshipman Barton against Captain 
Jesse D. Elliott of the United States navy, and who were appointed, 
under the resolution of the house of the 14th instant, to inquire 
into the official conduct of the said Elliott while in command of the 
squadron in the Mediterranean, and particularly into the allega- 
tions of tyranny and oppression towards the officers of his com- 
mand, reports the following resolutions: 

Resolved, That an interference by the House of Representatives 
in the disputes that occur between subordinate officers of the navy 
and their superiors, commanding squadrons, is a power which ought 
at all times to be exercised with great caution, and is calculated to 
produce insubordination in that important arm of the national de- 
fence; but, in the opinion of this committee, it is competent for the 
representatives of the people to investigate any abuses alleged to be 
committed by officers in command of squadrons, and to provide, 
by law, against a recurrence of such abuses; and, moreover, to in- 
vestigate and ascertain w-hether the head of the Navy Department 
may have used such means as are placed in his hands by law to 
punish and prevent any such alleged abuses. 

Resolved, That the most appropriate remedy for such subordinate 
officers is an appeal to the Secretary of the Navy for a court of in- 
quiry to investigate the charges exhibited against their superiors; 
and, from his decision, the party aggrieved may appeal to the Presi- 



XXll 

dent, who, bj the constitution, is commander-in-chief of the navy; 
he, as well as the Secretary, being liable to impeachment for a wilful 
or corrupt violation or neglect of duty. 

Reaolvcd, That the time allowed this committee is insufficient to 
enable them tq make a full and thorough examination of the subject 
committed to them; that even a limited and partial examination 
would require them, contrary to the duty they owe to their imme- 
diate constituents, and to the country at large, to be absent daily, 
during the sittings of the house, at this important period of the ses- 
sion. 

Resolved, therefore, That it is inexpedient to commence the in- 
vestigation at this time, and that the chairman report these resolu- 
tions, with the journal of our proceedings, to the house, together 
with the opinion of this committee that the subject-matter referred 
to them by the resolution of the house of the 14th instant requires 
investigation, and that he ask that the committee be disciiarged from 
the further consideration of the subject. 



REPORT OF MESSRS. NAYLOR AND CHAMBERS. 

The undersigned, two of the minority of the Special Committee 
to whom was referred the report of the Secretary of the Navy con- 
taining the charges of Passed Midshipman Barton against Captain 
Jesse D. Elliott, of the United States navy, and who were appoint- 
ed, under the resolution of the house of the 14th instant, to inquire 
into the official conduct of the said Elliott while in command of the 
squadron in the Mediterranean, and particularly into the allega- 
tions of tyranny and oppression towards the officers of his com- 
mand, submit the following report: 

The undersigned, differing with the majority of the committee as 
to the propriety of not commencing the investigation at this late 
stage of the session, and as the report of the majority will be pre- 
served among the records of the house, they feel it due to them- 
selves to place by its side evidence of an equally permanent charac- 
ter, that, in their opinion, the time allowed by the house for the 
prosecution of the inquiry was sufficient for the purpose, and that 
it was the imperative duty of the committee at once to have pro- 
ceeded with it. 

The complaints against Captain Jesse D. Elliott are strong and 
numerous; and the committee all agree that they require investiga- 
tion. They have been made and circulated in various forms through 
the country, and, so far as they reached the ears of the undersigned, 
through letters, personal communication with individuals who, from 
their situation, are likely to be acquainted with the facts, and from 
the public prints, may be put down as follows: 

He is charged with the most cruel, inhuman, and brutal conduct 
towards Passed Midshipman Barton, when sick and wounded; 
causing him to be drri^ged from his cot and removed from his vessel, 
at the most imminent peril of his life, at a time when he was racked 
with agonizing pain; and that, too, against the earnest remonstrance 
of his surgeon and the most aftecting appeal from the sufferer. 



XXIU 

He is charged with ungentlemanlj and unofficerlike conduct to- 
wards his officers; with oppressing, disgracing, and confining them 
without cause and without accusation; and, when so confined and 
disgraced, with denying to them a trial, and refusing to communi- 
cate to them the cause of hisdispleasure. 

He is charged with endeavouring to bolster up his reputation and 
to enrich and sustain himself against the charges of his officers, by 
procuring to be wrung from the hard-earned pittance of his crew 
costly presents of plate. 

He is charged with importing in his frigate large numbers of 
asses, horses, and other animals as merchandise, with a view to 
promote his own private gains; and for the sustenance and accom- 
modation of such animals, he has deprived his officers and crew of 
their rightful and necessary quarters, and sacrificed their health, 
comfort, and safety, besides exposing his ship to the dangers of 
conflagration, and rendering her, for the time, utterly unfitted for 
action. 

He is charged with taking such course in his command as tended 
to induce mutiny among the crew, and, when the mutiny broke out, 
with omitting to take such manly and officerlike measures as were 
necessary for its suppression. 

He is ciiarged with oppressing his officers with vexatious and 
causeless court-martials; with violating the constitution of the 
United States, by receiving presents from foreign powers; and with 
daily acts of petty tyranny, unofficerlike, and ungentlemanly con- 
duct. 

He is charged with gathering together ear-par/e affidavits, letters, 
and papers, to crush such of his officers as complain of his injuries, 
and lodging them in the Navy Department against them; thereby 
deceiving the department and the people, doing gross injustice to 
the complainants, as well as to his own honour; instead of meeting 
his accusers, with the front of conscious innocence, before a com- 
petent tribunal, and wiping from his name, if possible, the stain 
which such charges attach to it. 

These charges have, some of them, been made to the Navy De- 
partment, and present, as all the committee agree, a case requirins: 
investigation. 

The undersigned are of opinion that investigation into alleged 
abuses and oppressions such as these, is among the highest duties 
of the representatives of the people. They cannot think, with the 
majority of the committee, that the early termination of the session 
should have formed an excuse for the non-performance of this most 
important duty; but, on the contrary, that the investigation should 
have been made at all sacrifices of time and ease; justice should 
have been done as well to the accused as to the accusers; the truth 
or falsity of these charges ought to have been made manifest, if all 
the remaining days and nights of the session should have been con- 
sumed in the labour. There were no duties paramount to it — the 
vindication of violated rights is of the very first importance. 

In the opinion of the undersigned, the committee might have 



XXIV 

completed the investigation, and had, also, time for the performance, 
in tlie fullest manner, of all their congressional duties. By sitting 
early in the mornings and late in the evenings, they might have 
appropriated six or seven hours a day to the purposes of their in- 
quiry, and have been ever present during the sittings of the house; 
a time which, if the investigation had been proceeded in when the 
committee first organized, would have been ample for a thorough 
evisceration of the whole case. 

Having thus briefly stated their views of what they conceived to 
be the duties of the committee, and protesting against being held to 
a responsibility for the non-performance of that which they believed 
to be a solemn obligation, due to the navy and the country, and 
imposed upon the committee by an almost unanimous vote of the 
House of Representatives, they have done all that they proposed to 
themselves in making this report. 

CHARLES NAYLOR, 
JOHN CHAMBERS. 

Washington, February 19, 1839. 



REPORT OF MR. LYON. 

The undersigned, a member of the committee appointed under 
the resolution of the house of the 14th of February, "to inquire into 
the official conduct of Captain Jesse D. Elliott, of the United States 
Navy, while in command of the squadron in the Mediterranean in 
the years 1837 and 1S38, and particularly into the allegations of 
tyranny and oppression towards the officers under his command," 
dissented from the majority of the committee, in declining, for the 
reasons stated in their report and resolutions, to proceed with the 
investigation, and in asking to be discharged from the further con- 
sideration of the subject. The committee having made no progress 
in the investigation, the undersigned has had no opportunity of 
ascertaining the precise nature of the complaints made against the 
conduct of Captain Elliott, and, of course, has no opinion to express 
thereon, either favourable or unfavourable. 

The House of Representatives having, by the resolution under 
which the committee was organized, made it their duty to make the 
investigation, the undersigned was willing, so far as he was con- 
cerned, to proceed in the execution of the order of the house, and 
to prosecute the same to as early a termination as the importance 
of the subject, the character of the navy, and the rights of the officer 
implicated, would authorize. 

He considered it due to the house, to the country, and to the 
officer whose conduct is involved in the inquiry, that complaints 
such as have been made in debate, and such as seem to be implied 
by the resolution, should undergo a full and thorough investigation, 
and, if found to be true, the proper corrective should be applied. If 
found untrue, it is important that the officer complained of should 
be relieved from censure. 

F. S. LYON. 



W 44 1 









* « 






4^9^ 












**'\ 



,«,u 














;*^?fri*A 











^^..♦^ .-is^^ v./ /ji^\ ^^..♦^ 



V4 









^O 



^ 







' A 












• v'** -^^ 












TV" \'W^^\^' %-^/.^V^ V'^V' 


























^ V.s'^^ 




»'^.*i:ri'. 



:^^ * 















